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(영문) 의정부지방법원 고양지원 2016.01.28 2014고단2605
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, as the head of Han-jin D Business Office in C, is a person who was engaged in the delivery of children’s learning science cartoons, which was sold from around December 2012 to Do Home shopping, and whose delivery was entrusted to Han-jin Co., Ltd.

While engaging in delivery business as above, the Defendant continued to return part of the “Ariju” sold from early 2013 to D business establishment, which is not the Gwangju City Logistics Center located in Gwangju-do, and was in mind to sell it at will until it appears to be the Gwangju Logistics Center.

Around February 27, 2013, the Defendant removed the invoice attached to the above gambling room while keeping a returned children’s learning science cartoon “A” 6 gambling room on business, and sold “F”, a book store specialized in the book book for children E, from KRW 80,00 to KRW 1,40,000 per gambling, as indicated in the attached list of crimes, and embezzled the volumeless books from December 30, 2013 to KRW 18,70,000 in total on 44 occasions, as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G or H;

1. Statement made to I by the police;

1. Request for cooperation in investigation (request for a detailed statement of transportation route);

1. Application of the relevant Acts and subordinate statutes of each photograph, each transport log, and the details of each account transaction;

1. 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 on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the position of the defendant who is the head of a door-to-door branch office, and the defendant removed the invoice attached to the book while keeping it for business purposes, and then sold it at will and made illegal profits more than 40 times during the close period of one year.

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