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(영문) 대구지방법원 2016.10.28 2016고단3923
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

From October 2014 to March 2016, the Defendant has been engaged in the management, repair, and collection of main electronic equipment such as air conditioners and ice conditioning operated by the victim D in Daegu Northern-gu, Daegu-gu, as the head of the department in the wholesale and retail chain E, and has been engaged in the management, repair, and collection of ordered goods.

From April 2015 to March 2016, the Defendant embezzled the victim’s property by either receiving the total amount of KRW 4.788,00 from 6 of the NAT ice ice ice ice ice ice ice, which sold in sequence with trading companies, including F and G, from around 2015, to 37,918,054, in personal consumption of KRW 37,918,054 for the same period, as indicated in the annexed crime list, while he/she received money from a new bank account (I) in the name of the Defendant’s seat, the Defendant used for his/her business, and used it for the victim’s personal expenses, such as food expenses and housing expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the suspect examination protocol of the accused by the prosecution;

1. Each statement made by the police suspect D and J among the police suspect interrogation records against the accused;

1. D에 대한 경찰 진술조서(J, K 진술 부분 포함), 사업자등록증, ㈜씽씽코리아 거래내역서, 전자세금계산서, 네오트 제빙기 입고내역, 각 씽씽냉동고 입고물량, 2016 L 거래내역, 거래명세표 및 세금계산서, 입출금 확인용 문자메시지, 거래내역, 통장 사본, 제빙기 출고내역(M). 피해물품내역서(최종), 유동성 거래내역 조회, 각 확인서, 수사보고(은행거래 송금받은 내역 첨부) 법령의 적용

1. Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable laws and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 1 (less than KRW 100 million) is mitigated (one month to ten months).

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