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(영문) 대구지방법원 서부지원 2015.09.10 2015고단942
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

From around November 5, 2009 to November 5, 2014, the Defendant, as the head of the business department of D, a victim corporation in Daegu-gu, Daegu-gu, was engaged in the business of delivering, managing and collecting customers of the said company, and issued them to the transaction company, and had the accounts receivable in the invoice to be submitted to the transaction company, which is different from the invoice to be submitted to the transaction company, and had the victim use the accounts for the price of supply equivalent to the difference arbitrarily.

From around October 25, 2014 to around October 25, 2014, the Defendant collected 25,624,500 won from F in Nam-gu, Gwangju, for the supply of bedclothes goods, and used the said money arbitrarily for personal purposes at around that time while in the course of carrying out business for the victim. From around 2009 to November 4, 2014, the Defendant collected a total of KRW 139,767,600 for supply price from 30 trading companies, such as the list of crimes, and embezzled it for personal purposes, such as repayment of debts, while performing duties for the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. - A statement of transactions, - Each written confirmation, - a copy of the transaction, - a copy of the invoice.

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of additional materials by a complainant);

1. Relevant Article 356 of the Criminal Act; Articles 356 and 355 (1) of the Criminal Act; the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The criminal liability of the defendant is very heavy in that the defendant's embezzlement of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act exceeds approximately KRW 140 million.

However, there is no criminal record of the defendant, and the defendant has been detained for more than two months. However, the defendant has led to a confession of all crimes, reflects in depth, the defendant's wife agreed with the victim, the victim has compensated part of the embezzlement, the victim has appealed against the defendant, and the victim has no criminal record of the same kind, and the defendant has been detained.

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