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(영문) 수원지방법원 2016.09.05 2016고단1590
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 4, 2014, the Defendant entered into an entrustment contract with the victim company and the agent contract with the victim company, while engaging in business of clothing sales, inventory management, etc. of the victim company, such as selling clothes after being entrusted with the sale of clothes by Green Group Co., Ltd., which is the victim company, and depositing the remainder other than 35% of the sales proceeds of clothing supplied by the victim company, into the victim company.

The Defendant sold KRW 6,370,200 among the clothing supplied by the victim company from December 15, 2014 to December 21, 2015, the Defendant deposited KRW 4,140,630,000, excluding KRW 35% of the purchase price, in the victim company. However, around December 26, 2014, the Defendant deposited KRW 2,50,630,000,000, and did not deposit KRW 1,640,630 for personal debt, etc., and did not deposit KRW 1,640,630 from around that time to September 18, 2015. From around that time, the Defendant sold the victim company’s clothes as indicated in the attached list of crimes, and deposited KRW 153,858,315,00,000,000 excluding KRW 359,340,460,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

1. Relevant provisions of the Criminal Act and reasons for sentencing under Articles 356 and 355 (1) of the Criminal Act for the choice of criminal facts;

1. Application of the sentencing criteria [Determination of types] Embezzlement Misappropriation Misappropriation Offense, Type 1 (less than KRW 100 million) (Special Sentencing) No person [the recommended field and recommended sentence] basic area, April -1 year and April 4 months;

2. Determination of sentence: It is recognized that in 10 months of imprisonment, the defendant recognized the fact of crime and had no record of criminal punishment.

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