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(영문) 대구지방법원 2016.06.21 2015고단791
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who works as a vice head of the Business Department D in Daegu-gu, Daegu-dong-gu, from December 14, 2001 to December 31, 201, and sells alcoholic beverages, such as be supplied by the said company, to the trading division and vice head of the business division D, and is engaged in the business of selling beer and collecting the price thereof.

The Defendant collected KRW 1,393,600 from the “F” located in Seo-gu, Daegu, Daegu, a business partner of D, and deposited money deposited in the said company’s account for the said company, and used it for personal purposes, such as repayment of loan obligations or use for living expenses.

In addition, the Defendant, from around December 31, 2009 to December 31, 2013, embezzled the sum of KRW 29,95,930 by the aforementioned methods at 19 places, such as Daegu Si, etc., as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Attachment of the written complaint and the detailed statement of embezzlement;

1. Application of Acts and subordinate statutes to the investigation report (related to the amount of embezzlement);

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [Scope of Recommendation] No basic area (4 months to 100 million won) (one year and four months) (a person who is subject to special sentencing]

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