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(영문) 광주지방법원 순천지원 2019.02.14 2018고단2361
업무상횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a veterinarian who operates a D Animal Hospital in C, and from around March 23, 2018 to around March 2018, A has been engaged in duties, such as the rescue and protection of abandoned animals, as the head of the animal care center designated by the E-government as an abandoned animal care center, and Defendant B is a person who operates the F with the trade name “G” as a branch of the above A.

The Defendants conspired to arbitrarily embezzled the organic dogs kept by Defendant A.

1. On May 22, 2013, Defendant A conspired with the foregoing D Animal Hospital (hereinafter “Defendant A”) to transfer at will a dog owned by the E-government, which was received as an abandoned animal and kept for business purposes, from the front of the said D Animal Hospital, to the said B, and then arbitrarily embezzled a total of 29 E-governments entrusted by the E-government from around that time to March 12, 2018, as indicated in the annexed List of Crimes.

2. Defendant B, in collusion with the above Defendant A, embezzled a total of 29 miless by being transferred from A to March 12, 2018, as indicated in the list of crimes in attached Form A, in collusion with the date, time, place, and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of H;

1. Current status of transfer of B or I of abandoned animals;

1. The current status of sale of B and I, and publicly announced photographs (24 Ma);

1. Application of each statute on photographs;

1. Defendants of the pertinent legal provisions concerning criminal facts: Articles 356, 355(1), and 30 of the Criminal Act (the Defendants B do not have the identity of a person who keeps the business in custody) (the proviso to Article 33 of the Criminal Act and Article 355(1) of the Criminal Act shall be punished pursuant to Article 50 of the Criminal Act)

1. The Defendants who choose to be sentenced to imprisonment: The choice of imprisonment (to take into account the nature of the crime in this case, the duration and frequency of the crime);

1. Defendants among concurrent crimes: the former part of Article 37 of the Criminal Code.

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