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(영문) 서울중앙지방법원 2013.11.13 2013고단5108
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From July 2002 to December 2009, the Defendant served as a sales member of the victim C Co., Ltd., a company selling products produced in B, such as air conditioners, and engaged in sales and collection of goods by the said company. On January 2010, the Defendant entered into a sales operation agreement with the said victim company and thereafter made a sales operation agreement with the said victim from the end of December 201 to the end of December 2012, 200 to sell products, such as kimchi air conditioners, etc., and deposit the price with the victim company for the sales and collection of the sales commission in the form of consignment and collection.

On April 12, 2007, the Defendant sold one air-conditioner from Seongdong-gu Seoul Metropolitan Government D, and collected 1.410,000 won from F to F, and embezzled 2,4260,00 won in total through the same method from December 28, 2012, from that time until December 28, 2012, the Defendant deposited 1,050,000 won to the victim company for the said victim company, and embezzled the remainder 3,60,000 won by voluntarily consuming the Defendant’s living expenses, etc. at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of store operation contracts, written confirmations, and statutes;

1. Imprisonment with prison labor under Articles 356 and 355 (1) of the Criminal Act, inclusive, with respect to applicable legal provisions concerning the facts of crime and the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Decision of Punishment] Embezzlement 100 million won or less [Special Aggravation of Punishment] - In a case where punishment is not applied or significant damage is recovered, there is no aggravated element. [The scope of punishment by recommendation] ] 1 to 10 months or more in the area of mitigation [the scope of punishment by recommendation] 6 months or more in the area of mitigation of punishment ] 1 to 10 years in the area of mitigation of punishment, 1 year in the suspended sentence, 1 year in the suspended sentence, 1 year in the suspended sentence, the size of embezzlement is not small, 201 in depth in the course of committing the crime, 301 in the course of committing the crime, 51 of the Criminal Act, such as the fact that the victim and the victim

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