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(영문) 광주지방법원 순천지원 2017.01.11 2016고단221
업무상횡령등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. On January 7, 2015, the Defendant made a false statement that “The Defendant would sell again, on the ground that it is necessary for personnel expenses to work in another dry field after wholesale purchase of a dry field on the other dry field, for approximately 2,320 square meters on the side of the dry field in Bosung-gun C, which is located in Bosung-gun C.”

However, about 2,320 square meters of the above dry field was purchased and owned by D, and it was not owned by it, so there was no intention or ability to sell the dry field.

On January 10, 2015, the Defendant received KRW 10 million from the damaged party, under the name of the Agricultural Cooperative Account (F) in the name of the Defendant’s child, from the damaged party.

Accordingly, the defendant received property from the victim.

2. The Defendant is a person who has been in charge of distribution and sales business since September 2014, in order to manage a dry field on the side of the victim D, harvested from the side and supplied it to the joint market, and deposit the proceeds of the long-wave auction into the account in the victim’s name.

On October 28, 2014, the Defendant received KRW 1,872,754 from G office to the Defendant’s account in the name of E and kept in the course of business for the victim. On October 29, 2014, the Defendant deposited only KRW 1,60,00 in the name of G office and deposited only KRW 272,754 in the name of G office and arbitrarily consumed KRW 272,754, the difference, as shown in the list of crimes in the attached Table, from October 28, 2014 to January 27, 2015, deposited KRW 156,886,131 in total as the proceeds of auction over 83 times in total, and wired KRW 103,465,062 in total to the victim’s account in the name of E, and consumed KRW 103,465,062 in total, and consumed KRW 530,529,96.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

The defendant's legal statement B, D, H, and E details of account transactions in police statements, copies of transaction statements, and the application of the law of certified copies of the real estate register of transaction statements;

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.

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