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(영문) 의정부지방법원 2020.07.23 2019고단3096
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 16, 2020, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor at the District Court for fraud, which became final and conclusive on March 11, 2020.

From August 2018 to September 9, 2018, the Defendant had been engaged in the business of collecting and managing spawn from the victim agricultural company B and the Gyeongbuk Kim Jong-cheon before harvest (hereinafter “spawn spawn”) before harvesting the spawn in order to harvest the spawn and deliver the spawn to the business partners and distribute profits. The Defendant secured spawn from mountainous districts with the funds received from the business partners, and has been engaged in the business of harvesting and managing spawn from

Since August 2018, when the Defendant had to pay expenses, etc. at the distribution place of business outside the border Kimcheon-cheon and other regions without any import, the Defendant: (a) sold 14,069,389 won to the said “E” through the said “A” for three days from October 15, 2018 to October 17, 2018; (b) sold 15 tons of large-scale 15 tons, which were harvested under the said business agreement, in accordance with the said business agreement, at the local retail market in Gangseo-gu Seoul for three days from October 15, 2018; and (c) sold 14,069,389 won, in full, to the expenses of the distribution place of business in other regions and personal debt payments; and (d) sold 100,000 won, 100,000 won, 100,000 won, and 150,000 won, and 30 other local consumption places of business.

As a result, the defendant embezzled the property, which is the same business property, with the victim who has been kept in business.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Each legal statement of witness F and C;

1. Details of account transactions by shipping owner/date/variety of sales collection sheet by variety;

1. Previous records: A reply to inquiries such as criminal records, investigation reports (the latter concurrent crimes provided for in the latter part of Article 37 of the Criminal Act), results of search of integrated cases, and judgment;

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