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(영문) 대구지방법원 상주지원 2019.06.14 2018고단313
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a business operator D in the operation of the victim C when residing from December 2, 2014 to September 2015, who was engaged in the business of selling agricultural machinery and selling proceeds.

On February 10, 2015, the Defendant embezzled KRW 10,200,00,00 from around 10,000 to July 2015 by arbitrarily consuming the personal office opening expenses, etc. for six times in total, as shown in the separate crime list, to employees whose names are unknown in Yongcheon-si and below, sold 1.7 million won (NT-00499) of the chip price (NT-00,000) and kept the sales proceeds for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on trading lists;

1. Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement) and the choice of imprisonment, inclusive, with respect to the relevant legal provisions and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (disputent circumstances, such as the violation of statutes, the agreed violation, and the absence of the previous violation);

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