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(영문) 수원지방법원 안산지원 2013.10.29 2013고단1677
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 21, 2013, the defendant was sentenced to 8 months of imprisonment with prison labor for special larceny and one year of suspended execution in the Suwon District Court's Ansan Branch, and the above judgment became final and conclusive on June 29, 2013.

From January 14, 201 to May 201, 201, the Defendant was engaged in the business of supplying parts and collecting money from the victim D (E Co., Ltd.) located in Bupyeong-gu, Jungcheon-gu, Seoul to the “E Co., Ltd.”, and deposited 1,924,56,000 won in a business custody for the victim by supplying parts to the customer and collecting the payment from February 2, 2010, and deposit the remainder of 6,56,000 won in a business custody for the victim. From February 14, 2010 to May 2, 201, the Defendant embezzled 223,462,00 won in a total of 16 months from May 201, and embezzled 59,749,700,000 won in a business custody to the customer, and deposited the remainder for the victim’s business purpose by using it for the remainder of 130,000 won in a voluntary manner.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. A person's letter and a letter of payment;

1. Each investigation report (written evidence, 165 pages, 2, 37 pages);

1. Previous convictions indicated in judgment: Application of criminal records, investigation reports (report on the results of confirmation before disposition, a copy of indictment, and confirmation of the fixed date of indictment);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the occupation of occupational embezzlement and the choice of imprisonment);

1. In light of the latter part of Article 37 and Article 39(1) of the Criminal Act that treats concurrent crimes, the amount of damage in this case and the fact that the defendant did not repay the damage, etc., are determined as above.

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