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(영문) 의정부지방법원 고양지원 2018.04.27 2017고단143
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On November 24, 2016, the Defendant was sentenced to one year of suspension of execution on the six months of imprisonment for a crime of violating the Punishment of Tax Offenses Act at the Seoul Central District Court, and the judgment became final and conclusive on December 2, 2016.

[2] On September 15, 2009, the Defendant entered into an agency contract with the victim company in Gangnam-gu Seoul Metropolitan Government (hereinafter “the victim company”) at the Seoul Seoul office (hereinafter “Seoul Gangnam-gu”) to deposit an agency contract with the victim company (hereinafter “the victim company”) to pay an amount calculated by deducting approximately 30 percent of the commission from the sales proceeds.

From October 21, 2009 to October 27, 2009, the Defendant deposited KRW 620,676,100 from around October 21, 2009 to around October 27, 2009, KRW 12,487,30 of the clothes supplied by the victim company under the above contract entrusted to the victim company with the sale of the amount equivalent to KRW 12,487,30,00. As such, KRW 8,741,110 after deducting the fee from the above payment should be deposited to the victim company in around October 29, 2009, the Defendant deposited KRW 620,676,100 among the clothing supplied by the victim company from around October 21, 2009 to around October 27, 2009, the Defendant deposited KRW 450,650,695,797,300,397,497,500,000 among the rest of business embezzlement.

Summary of Evidence

1. Partial statement of the defendant (as at the first trial date);

1. A protocol concerning the suspect interrogation of the accused by the prosecution (E substitute part);

1. A protocol concerning the examination of the suspect of the police No. 2 and 3 times against the defendant (E substitute part);

1. Statement protocol by the police for E;

1. Complaint;

1. An agency transaction agreement;

1. Previous convictions: Inquiry into criminal history and each investigation report (the report attached to the relevant judgment and the confirmation report of the period of suspension of the execution of suspects).

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