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(영문) 서울중앙지방법원 2014.09.03 2013고단8089
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On March 27, 2014, the Defendant was sentenced to four months of imprisonment with prison labor and two years of suspended execution at the Seoul Central District Court on March 27, 2014, and the judgment became final and conclusive on April 4, 2014.

The Defendant, as the representative director of H in Gangnam-gu Seoul Metropolitan Government from around January 2005 to around January 201, 201, was in charge of overall business affairs of the company, such as management of siren vehicles, and around May 24, 2010, the Defendant entered into a lease contract with the victim and the lease contract period of 6,29,80 won each time from May 24, 2013 to 36 times from May 24, 201, with the Seoul Branch Office of the 18th victims of J building in Jung-gu, Seoul, Jung-gu, Seoul, with the victim and the lease contract period of 18th victims to May 24, 2013.

On December 29, 2010, the Defendant arbitrarily sold K rocketing car to L, Co., Ltd., Ltd., and embezzled 23 vehicles listed in the separate sheet in the attached Form No. 518,748,563 at the victim’s market price between March 201 and March 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of prosecutorial statement concerning M, L, and N;

1. Statement of each police statement aboutO or L;

1. A statement of the preparation of P;

1. A written statement for the preparation of L [the investigative records shall not exceed 888 pages];

1. Investigation report (Ma of Witnesses);

1. Investigation report (Submission of Preliminary Statements and related data);

1. Investigation report (locating the current status of 25 vehicles);

1. An investigation report (Analysis of details of account transactions in the name of P and Q Q);

1. Reporting on investigation (Submission of suspect transaction details);

1. A facility lease agreement, a facility lease agreement, a facility lease alteration agreement, a list of vehicles for sale, a list of account transactions, a detailed statement of account transactions, a detailed statement of transactions in the last one year, a detailed statement of transactions, a statement of accounts, a transfer or takeover agreement, a vehicle sale list, a transfer or takeover agreement ( December 29, 2010);

1. Previous convictions: Investigation report, application of investigation report, and application of Acts and subordinate statutes of the court decision;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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