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(영문) 광주지방법원 2014.04.24 2014고단1116
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From June 20, 2013, the Defendant was employed by D, who is a personal cargo broker belonging to a limited liability company C, and was engaged in the business of transporting cargo mediated by the cargo broker while driving E25 tons of cargo vehicles, which are affiliated vehicles of the limited liability company C.

On December 28, 2013, the Defendant sold 27.382 tons of the raw materials on the board that was requested by F, a cargo intermediary, to transport from the victim bank logistics corporation, and conspired with G for personal use.

At around 10:00 on December 30, 2013, the Defendant, along with G, sold the above raw materials to K for the purpose of personal use such as entertainment expenses, etc. around 174,500,000 won from K, received from K in cash amounting to KRW 174,50,000,000 as the price, and consumed it for the purpose of personal use such as entertainment expenses, etc. around that time.

As a result, the Defendant, in collusion with G, embezzled raw materials equivalent to KRW 219,748,390 at the market price owned by the victim who was in custody in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of M, D, N, and K;

1. The application of Acts and subordinate statutes governing the investigation report (Attachment of documents related to the amount of damage) and market price lists;

1. Relevant Articles 356, 355(1), and 30 of the Criminal Act regarding criminal facts; the Defendant voluntarily surrendersed to the reason for sentencing a sentence; however, in order to resolve difficulties caused by gambling, the Defendant’s motive was bad; most of the money acquired by the instant crime was put into entertainment expenses; the amount was not recovered from damage; the amount was not recovered; the price of the embezzled screen; and the Defendant’s criminal records.

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