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(영문) 광주지방법원 순천지원 2014.05.16 2013고단2392
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, as a member of E, has been engaged in drinking water sales and water collection business from August 201 to December 2012, 201, operated by the victim D in South Won-si.

On February 17, 2012, the Defendant collected KRW 220,000 from E’s business partners in the Namwon-si, and deposited it into the post office account (F) in the name of the Defendant for the victim while keeping it for the victim. At that time, the Defendant consumed it for personal purposes, such as the Defendant’s living cost.

In addition, the Defendant sold drinking water to E business partners from February 17, 2012 to November 19, 2012, as indicated in the attached list of crimes, from around 137 to around 137, 2012, to a total of KRW 48,104,00 in total by depositing the money in the above post office account or receiving the money from the business owner to the above post office account while keeping it in cash. At around that time, the Defendant deposited the money in the above account by means of deposit in the above post office account or by receiving the money from the business owner to the above post office account.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A complaint;

1. A detailed statement of use of the check card;

1. Investigative reports (a copy of the details of transactions by entering and leaving bankbooks for suspects), and detailed statement of financial transactions;

1. A investigation report (Attachment to a list of business places) and a list of business places on credit;

1. Investigative reports (Attachment of details of accounts of post offices in the name of a suspect), and inquiries into details of transactions of post offices;

1. A investigation report (Attachment of submitted data), the details of comparison of the list of accounts on credit and the details of transactions on credit, credit cards, the list of accounts on credit, the list of accounts on credit, Chapter IV of the list of transactions, the certificate of credit balance;

1. Credit card;

1. Each certificate of withdrawal;

1. Arrangement of transaction details, receipts, and specifications;

1. Statement of transactions;

1. Details of transactions by customer;

1. Application of details of trading and receipt Acts and subordinate statutes;

1. Articles 356 and 355 (1) of the Criminal Act by universal title to the relevant criminal facts;

1. The reason for the sentencing of selective sentence of imprisonment [the scope of recommending sentence] is the embezzlement.

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