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(영문) 수원지방법원 안산지원 2016.08.25 2016고단1502 (1)
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and B are the victims D Co., Ltd. (Representative E) located in Si interest, and they have worked as the director and the representative in charge of business, supply, etc.

The Defendant and B, based on the opportunity to supply the ice conversion ethyl ethyl to the transaction partner upon receiving an order from the transaction partner, intended to load goods without supplying part of the goods between them, or to take the excessive part of the goods more than the ordered quantity, and to dispose of the goods on the water and to divide the profits received in half of the profits.

At around 11:30 on May 10, 2016, the Defendant and B, at the place of business of the said D D Co., Ltd., embezzled the amount equivalent to KRW 335,00 of the market price of the Switzerland 35,000 at KRW 120,00,000 on the same day in the course of business for the victim when they loaded and transported to F Co., Ltd. after receiving orders from the customer of the said D Co., Ltd., to load and transport them to F Co., Ltd., and at around 12:00 on the same day during the course of business custody for the victim, they embezzled the amount of KRW 120,00 for the said D Co., Ltd.

The Defendant and B, as indicated in the list of crimes in the attached Form, disposed of the total amount of KRW 8,720,050 in the market price of the Switzerland conversion ethyl (total weight equivalent to 2,603km) in the same manner as in the course of business for the victim at least 25 times from May 14, 2015 to May 10, 2016, and embezzled the amount equivalent to KRW 3,123,60 in return for the disposal to the above H, and in return, received the total amount of KRW 3,123,60 in the form of the damage.

Summary of Evidence

Summary of Evidence

1. The respective legal statements of the defendant and B;

1. Application of the statutes of each police statement protocol to J and K

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that there is no criminal history against the defendant, and that the damage is likely to have been recovered to some extent by the joint defendants, and the frequency of the crimes.

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