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(영문) 대구지방법원 서부지원 2019.02.14 2018고단1727
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around January 2010, the Defendant manufactured and sold a color screening machine in which the victim B and the Defendant classified grain, and the victim agreed to operate the same kind of business in such a way as to invest expenses for the development of the color screening machine and to divide half of the profits therefrom, and established and operated “D” which manufactures the color screening machine in Daegu-gun C from that time to March 201.

On January 8, 2010, the Defendant received KRW 2.5 million from the victim to E account (F) under the name of the Defendant’s name, and remitted the amount of KRW 1,00,000 to E account (H) in the name of the Defendant’s wife on January 15, 2010 while working for the victim as operational funds, and used the amount of KRW 72,018,70 in total for eight times from that time to April 201, as indicated in the separate list of crimes, under the name of living expenses, separate business operation expenses, etc., as shown in the separate list of crimes, while working for the victim, the Defendant settled the amount of KRW 2,50,00 for the victim or used it for personal purposes at that time.

Accordingly, the Defendant embezzled the property owned by the victim who was on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Each police statement made to B and I;

1. Business plans, a detailed statement of deposit transactions, a detailed statement of transactions by each account, each details of financial transactions, color screening contracts, details of transactions by deposit and withdrawal, details of transactions by deposit and withdrawal, details of transactions by deposit and withdrawal, and related data, etc.;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 39,41,51 of the evidence list);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Article 62(1) of the Criminal Act provides that the defendant is against the time of committing the instant crime, and that the defendant has agreed to pay the victim KRW 15 million in the relevant civil case, and that the defendant is against the law.

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