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(영문) 부산지방법원 2019.01.07 2018고단1838
업무상횡령
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A defendant shall be punished by imprisonment for four 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

[Criminal Power] On April 6, 2018, the Defendant was sentenced to a suspended sentence of two years for a period of six months, due to a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court, and the said judgment became final and conclusive on April 14, 2018.

【Criminal Facts】

On March 1, 2010, the Defendant entered into an entrustment contract with the injured party B (C at the time), and from that time until March 31, 2015, the Defendant was engaged in the business of transporting freight in accordance with the contract of carriage concluded with the injured party and transferring it to the injured party when the injured party directly pays transport charges to the injured party while operating his/her E-agency in Busan Dong-gu from March 31, 2015.

On April 2015, the Defendant: (a) collected KRW 10,000 from F, the customer of the victim, KRW 930,50, and KRW 746,50, and KRW 16,80,330, and KRW 15,121,30, the transport charges of the same month from G, and KRW 15,80,00 from H, and KRW 15,808,330 for the same month; and (b) embezzled the victim’s property by arbitrarily consuming it for personal purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A complaint;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that part of the amount of damage has been repaid);

4. Social service order under Article 62-2 of the Criminal Act;

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