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(영문) 수원지방법원 안산지원 2020.02.20 2019고단3431
업무상횡령
Text

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

Reasons

Punishment of the crime

From December 1, 2015, the Defendant, as the director of the Ministry of Foreign Affairs of the Victim (CoC)C in Gyeonggi-si, had been supplied with the same colon from the customer of the company and engaged in the business of managing the warehouse.

1. Around August 18, 2017, the Defendant, who is in custody in a warehouse, sold the business embezzlement to the victim company on August 17, 2017, with the market price and quantity of the victim’s possession on the part of the company.

2. Around 19:00 on February 14, 2019, the Defendant: (a) received from the Customer, (b) received from the said Victim Company; and (c) sold KRW 567 kg of the market price, which is part of the co-days in the course of business for the Victim Company, to KRW 3,509,730, not into the Company’s warehouse; and (b) sold KRW 2,835,000, the above co-days on the water.

From March 2016 to the above temporary date, the Defendant sold the same cocoon owned by the victim on the water in the above way.

Accordingly, the Defendant embezzled approximately KRW 86.2 million in total market price owned by the victim (440km, S07, 3010km, 1,768kg forCCW, 3762kg for business storage.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to each investigation report (including documents attached to the specifications of stolen transactions);

1. In full view of the relevant legal provisions and Articles 356 and 355(1) of the Criminal Act regarding criminal facts, the sentence was determined as ordered, taking into account all the following circumstances: (a) the amount of embezzlement, the place where the embezzled money was used, the actual damage recovery, or the absence of agreement with the victim; and (b) the following circumstances.

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