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(영문) 청주지방법원 충주지원 2019.02.08 2018고단643
업무상횡령
Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2. Of the facts charged in the instant case, as to the No. 1 of the attached list of crimes.

Reasons

Punishment of the crime

From around April 2013 to April 2015, the Defendant served in the “C” located in Chungcheongnam-gun B, and from April 2015 to February 2, 2018, in the “Stock Company D” that acquired the above C, and (i) was actually succeeded to and operated by the said C’s employees from April 2015 to October 2016, and (ii) was in charge of the overall management of the above C’s factories, etc., and was supplied to the victim Company E (hereinafter “victim Company”) upon request from the victim Company E (hereinafter “victim Company”).

On April 27, 2017, the Defendant received from the victim company a seal processing order of an amount equivalent to KRW 11,527,350 (a total weight of 3,441km) of the market price of the victim owned by the victim, and kept in custody on behalf of the victim company at the said company D factory on May 17, 2017, and arbitrarily disposed of it to the collecting company of scrap metal around February 19, 2018. From that time, the Defendant arbitrarily disposed of the victim company’s market price of 282,29,900 won in total (a total weight of 81,814kg) by the same method as shown in [Attachment Table No. 2-17] Nos. 2-17 of the total market price of the victim company until February 19, 2018.

Accordingly, the defendant embezzled the property of the victim company, which was under custody in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Each police statement concerning G;

1. - Cases of replies to content certification, - EAL Crons

1. Application of the statutes on the details of accounts in A-registered corporate bank accounts;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Sentencing Criteria [Scope of Recommendation] Type 2 (1 to 50 million won) basic area (8 to 3 years): The detailed form of sentencing (1 to 50 million won): The detailed form of sentencing that there is no rise in the first step (1 to 3 years) as a result of the combination of identical competitions, and the range of comparison of recommended types:

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