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(영문) 대전지방법원 천안지원 2015.12.28 2014고단373
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From early 2008, the Defendant was engaged in the business of delivering fishery products to the business partner and collecting sales proceeds from the frequency collected in Pyeongtaek-si C operated by the victim B from the early 2008 patrolmen to January 2010.

around April 7, 2009, the Defendant supplied fishery products to “E”, which is a customer, and collected KRW 776,00,000, and used them for personal purposes, such as living expenses, around that time.

In addition, the Defendant consumed 51,157,700 won in total over 41 times from around that time to around January 22, 2010, as if he consumed the money collected as stated in the separate crime list for personal purposes or delivered it to the processing customer.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the cross-examination part);

1. Protocol of the police statement concerning B;

1. Each written confirmation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. In full view of the relevant legal provisions on criminal facts, the grounds [the scope of recommending punishment] for sentencing under Articles 356 and 355(1) of the Criminal Act [the scope of punishment] [the scope of punishment] [10 million won]] [the decision of sentencing] and there is no basic area (4 to 100 million won] [the decision of sentencing] [the decision of sentencing] [the fact that there is no particular criminal history and efforts have been made for the repayment of damage, the fact that there is no particular criminal history, the fact that the defendant's age, character and conduct, and circumstances

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