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(영문) 청주지방법원 충주지원 2013.09.27 2013고단192
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

1. On May 11, 2009, the Defendant served as the managing vice head of the victim D Co., Ltd. in Jincheon-gun, Jincheon-gun from May 11, 2009 to May 10, 2012, and engaged in business management and general affairs.

On October 2010, the Defendant embezzled KRW 26,270,280 in total by means of the same 14 times as indicated in the annexed crime list from around 2012 to May 10, 2012, while receiving KRW 1,115,400 in cash from E, who is a transport engineer of the land, and making use of money for the personal use of the land for the victim. The Defendant embezzled KRW 26,270,280 in the same way as indicated in the annexed crime list.

2. On December 21, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving without a license) from the Cheongju District Court’s Chungcheong Branch, and on June 15, 201, the Defendant received a summary order of KRW 3 million as a fine for the same crime at the same court.

On May 2, 2013, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) and was under the influence of alcohol by 0.057% without a driver’s license on May 2, 2013, driving a FUDDY motor bicycle at a level of approximately 50 meters from the front of the main apartment in the luxa of the luxa in the luxa of the luxa of the luxa, to the front of the luxian road located in the luxa of the luxa.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Details, etc. of transactions of entering and withdrawing;

1. Statement of the status of the driver;

1. Registers of driver's licenses;

1. A criminal investigation report (written confirmation of damage to the suspect's embezzlement and submission of evidential documents and reports);

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (verification reports on the same kind of power, etc.);

1. Articles 356 and 355 of the Criminal Act inclusive of the pertinent Articles of the Criminal Act and the choice of punishment for the crime;

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