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(영문) 서울서부지방법원 2013.05.28 2013고단256
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From April 2003 to June 25, 2012, the Defendant, as the head of the business department of the victim C Co., Ltd. located in Dongdaemun-gu Seoul Metropolitan Government, engaged in the business of collecting sales proceeds for the products shipped out or shipped out upon receiving orders from the customer.

In light of the characteristics of the transaction, the Defendant, using the fact that goods can be shipped out to the transaction partner due to the nature of the transaction, and that there is no external balance in the transaction partner, carried out the goods from the transaction partner, deducted them from the transaction partner, and sold them at a intermittent value to D, etc. or used money collected from the transaction partner at his own discretion, in order to embezzled the goods of the company or the money collected from the transaction partner.

On November 7, 2009, the Defendant, at the above victim’s office, included an order for the sum of 32LH200 TV market value of 3,015,000 TV market value of 32LH20 TV market value from E, which is a customer of the victim’s business, and then disposed of F as dumping at will during the middle of May 31, 2012 without delivering it to E during the process of carrying out business custody for the victim, and then embezzled the product released as above from May 31, 2012 without delivering it to the relevant customer, or sells it by arbitrarily dumping it, or by consuming it as personal entertainment expenses, without depositing money to the said customer, for a total of 45 times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Testimony of witness G;

1. A written statement of each embezzlement of the defendant;

1. Application of Acts and subordinate statutes concerning G police statements;

1. The grounds for sentencing under Articles 356 and 355(1) of the Criminal Act [the grounds for sentencing of imprisonment] [the scope of recommending a punishment less than 100 million won] [the scope of recommending a punishment] four months from April to April (the basic area] [the decision of sentencing] Defendant has worked for a long period of time.

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