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(영문) 수원지방법원 안산지원 2013.08.14 2013고단356
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On May 28, 2002, the Defendant was employed by the victim E Co., Ltd. located in the Dong-gu, Ansan-si, Gyeonggi-si, and was engaged in the sales and collection of pelbs and pelbs as business employees from July 30, 2004 to May 15, 2012.

On April 4, 2012, the Defendant deposited KRW 9,798,609 as the price for goods from “G” located in the Seoul Central District, Seoul Central District, with KRW 1,559,449 as the price for goods, and embezzled KRW 8,239,16,361 by voluntarily consuming KRW 2,09,623 from June 30, 2008 to April 11, 2012, as shown in the List of Crimes (1) of the attached Table, such as: (a) the Defendant voluntarily consumed the amount of KRW 1,838,516,262 as the price for goods; and (b) he/she embezzled the remainder of KRW 254,116,361 by voluntarily consuming the amount of KRW 254,361.

2. From September 2010 to April 2012, the Defendant in breach of occupational breach of trust: (a) 14 trading companies, such as “one package,” etc. located in Gyeonggi Kimpo-si, Jeju Island 32-3, Gyeonggi Kimpo-si; (b) to supply the victim company’s pelbs, etc. at a price lower than the normal supply price; (c) provided at a fixed rate of supply in violation of the duty to obtain approval; (d) provided at a lower price than the normal supply price in violation of the duty to obtain approval; and (e) provided at a lower rate of supply in violation of the duty to obtain approval; and (e) had the 14 trading companies obtain property gains equivalent to 311,512,186 won in total; and (e) inflicted property damage equivalent to the equivalent

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. An investigation report (final report on a list of crimes);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act, Articles 356 and 355(1) of the Criminal Act (a comprehensive control over the crime), Articles 356 and 355(2) of the Criminal Act (a comprehensive control over the crime of occupational embezzlement), and the choice of imprisonment with prison labor;

2. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment: Imprisonment with prison labor for not more than 15 years;

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