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(영문) 청주지방법원 충주지원 2019.06.21 2018고단671
업무상횡령
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

From June 15, 2010 to July 6, 2018, the Defendant was engaged in the business of supplying and collecting goods to the business partner while serving as the business director of the victim agricultural company B.

On May 25, 2018, the Defendant, at the victim’s office located in Chungcheong City C, supplied products, such as sculptures, Korean medicine, and diesel, produced at the victim’s factory, and embezzled KRW 1,800,000, which was transferred from the Defendant’s account under the name of the Defendant to the E account (F) for the use of the goods, and embezzled KRW 463,52,750 in total, from July 30, 201 to May 30, 2018, including voluntary consumption of living expenses, etc. during the course of occupational storage for the victim, as shown in the list of crimes in attached Form 477.

Attached Form

Of the amount in the list of crimes, No. 96 18000, No. 145, No. 152000, No. 194, No. 243, No. 180000, No. 292, No. 341, No. 216000, No. 3900, No. 390, No. 36000, No. 439, a year 30000

(2) Summary of the evidence

1. Defendant's legal statement;

1. A complaint;

1. The police statement concerning G;

1. - A detailed statement of deposit transactions;

1. - A detailed statement of deposit transactions;

1. -The details of the withdrawal transactions;

1. Application of the Acts and subordinate statutes of the investigative report (the submission of details of account transactions in the name of a suspect, his/her spouse), and the receiver;

1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor) in relation to the relevant criminal facts;

1. The sentencing criteria [Scope of recommendations] Type 2 (1 to 50 million won) and the basic area (1 to 3 years) of the sentencing criteria (1 to 50 million won) (1 to 3 years) and the comparative sentencing range: one year to 3 years;

2. Determination of the sentence, the details and method of the crime, the size of embezzlement, partial satisfaction of damage, possibility of partial recovery from damage through repeated repeated over a long period, the record of the crime (two times before and after the crime), the circumstances after the crime, the family environment of the defendant, and other conditions of sentencing.

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