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(영문) 수원지방법원 안산지원 2013.12.24 2013고단2799
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From February 2, 2011, the Defendant has been engaged in the management of the “Ejuri station” operated by the victim D in Gwangjin-si from February 2, 201, as the manager of the “Ejuri station” operated by the victim D.

On February 28, 2011, the Defendant collected an amount equivalent to 2,536,880 won of credit sales from the Friju’s office, which is a customer, from the Friju’s office, and used the amount for personal use such as entertainment expenses, etc. around that time.

In addition, from around that time to October 5, 2012, the Defendant embezzled the total of KRW 100,260,437 by the same method from 31 times through 31 times as indicated in the List of Offenses.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A written confirmation and a repayment plan;

1. Application of Acts and subordinate statutes to investigation reports (Evidence records, 76 pages);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the occupation of occupational embezzlement and the choice of imprisonment);

1. Of concurrent crimes, the sentencing reasons of the proviso of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act include: (a) the amount of damage of this case and the fact that the defendant did not repay the damage; and (b) the judgment is rendered as above for the reasons above.

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