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(영문) 대구지방법원 안동지원 2014.08.12 2013고단506
업무상횡령
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from January 2007 to October 201, 201, was an employee of C, operated by the victim B, who was in the middle-gu district of Daejeon, Daejeon, and was engaged in the business of supplying goods to the business partner and collecting the cost of goods.

On February 2, 2011, the Defendant collected KRW 2,975,00 from the D Company, which was located in the field of debate, and used the amount of KRW 34,616,50 in the same way as indicated in the annexed crime list, for personal purposes, such as living expenses, from around that time to October 24, 201, the Defendant arbitrarily consumed the amount of KRW 34,616,50 in the same way as in the annexed crime list, from around the time of Daejeon to October 24, 201.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of each fact-finding certificate and statutes governing post office accounts in the name of the defendant;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] [Article 62(1) of the Criminal Act [Scope of Recommendation] [Article 62(1) of the Act on the Suspension of Execution [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Suspension of Execution [Article 51 of the Criminal Procedure] [Article 51 of the Criminal Act on the grounds that there is no basic area [Article 10 million won or less] [Article 62(1)] [Article 62(1) of the Act on the Suspension of Execution [Article 62(1)] [Article 62(1) of the Act on the Suspension of Execution] [Determination of Punishment]

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