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(영문) 대구지방법원 2015.10.27 2015고단3642
업무상횡령
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

From January 23, 2012 to November 4, 2014, and from February 10, 2015 to March 17, 2015, the Defendant has been engaged in business affairs, such as the shipping and mooring of the above company's meat, freezing storage, inventory management of the freezing farm, etc., for the above period of time.

At around 15:00 on October 17, 2014, the Defendant: (a) taken out 2,000 of the land limit kept in the said warehouse from the said warehouse, without permission; (b) supplied 5,05,000 won to the accounts in the name of the Defendant, Daegu North-gu, Daegu-gu, the transaction partner; and (c) arbitrarily transferred 5,05,000 won to the accounts in the name of the Defendant for personal debt repayment, etc. on October 20, 2014; and (d) arbitrarily used the land limit kept in the freezing warehouse six times from February 27, 2015, as shown in the attached list of crimes, and disposed of it to the transaction partner; and (c) received the payment from the Defendant’s name account or remitted the company contribution to the entrusted farm owner; and (d) received the public funds from the entrusted farm and used the amount of KRW 31,069,000 at will, such as personal debt.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Criminal suspect's notes, details of trade lists, text contents, and application of each statute of transactions;

1. Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. range of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] category 1 (less than 100 million won) and the mitigated area (one month to ten months) (special mitigation persons) (special mitigation persons) shall not be punished;

2. Taking into account the circumstances - The victim’s non-member of the punishment, and there is no penalty other than a fine once - The defendant’s age, character and conduct, health conditions, home environment, motive, means, results, and any other circumstances after the crime.

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