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(영문) 의정부지방법원 2016.05.18 2015고단4970
업무상횡령등
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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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a business employee, who was engaged in the business of selling or collecting food materials of E, as a business employee, operated by the victim D in Southyang-si from the early July 2012 to the lower police officer from August 2014, 2014.

From November 6, 2013 to July 15, 2014, the Defendant collected 890,950 won of food materials from “G cafeteria”, which is an E business partner in the Guri City F, and used food materials for personal purposes, such as entertainment expenses, at his/her own discretion, from the day of Guri-si, etc.

In addition, from July 8, 2013 to August 31, 2014, the Defendant arbitrarily consumed and embezzled KRW 17,415,950 in total at 11 times from the day of Guri-si, as described in the list of crimes in the attached Table of Crimes.

2. On February 2015, the Defendant is in need of joint and several suretiess who want to receive loans from the victim in the office E’s office to resolve the outstanding amount of transaction transaction of customer food materials.

The joint and several sureties stated that the outstanding amount will be paid with the loan and the loan will be settled in an amount equivalent to KRW 53 million of the outstanding amount of the customer.

However, the defendant did not have the intent or ability to repay the loan due to the lack of the foregoing outstanding amount to the customer.

Around February 2015, the Defendant: (a) by deceiving the victim as above, and caused the victim to obtain a loan of KRW 20 million in total from the victim, 5 million each; (b) by having the victim obtain a joint guarantee of KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

Summary of Evidence

1. Defendant’s legal statement

1. A protocol concerning the examination of the accused by the prosecution (including D statements);

1. Statement made by the police against D;

1. Each balance certificate, each sales ledger, the inquiry of the results of the transfer process of Nonghyup, the details of the entry into and departure from Nonghyup Bank, the original revenue collection receipt, the statement of earned income payment, and the statement of earned income payment;

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