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(영문) 대전지방법원 2014.04.23 2013고단3837
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that 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 October 31, 2012 to June 10, 2013, the Defendant was engaged in the business of collecting goods on credit from customers while working as business employees at the victim C Co., Ltd. (Representative Director D), which is a food materials distributor in Daejeon-gu, Daejeon-gu, Daejeon-gu. On January 14, 2013, the Defendant embezzled the credit amount of KRW 271,800 for the victim company, which was kept in custody for the victim company in cash from the "Fju store" in Daejeon-gu, Daejeon-gu, and embezzled the credit amount of KRW 315,296,490 for all up to June 7, 2013, including the credit amount of KRW 271,80 for the victim company.

Summary of Evidence

1. Statement by the defendant in the first trial record;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of the Customer Director

1. Articles 356 and 355 (1) of the Criminal Act, inclusive, by relevant provisions concerning the facts constituting an offense;

1. Suspension of the execution of sentence under Article 62(1) of the Criminal Act (see, e.g., Article 51 of the Criminal Act), the reasons for sentencing (see, e.g., the crime of embezzlement, breach of trust, type 1 (less than KRW 100,00), basic area, period of April to April 1), and the following circumstances, the sentence is determined as indicated in the disposition, taking into account all of the following circumstances into account: (a) the recognition of the facts of the crime; (b) the recognition of the facts of the crime; (c) the extent of actual damage; and (d) other unfavorable circumstances: It does not reach an agreement with the victim: It is so decided as per Disposition on the grounds of the motive of the crime;

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