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(영문) 부산지방법원 2014.05.14 2013고단6711
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

The Defendant, from May 23, 201 to May 21, 2012, was engaged in the business of selling oil and managing the price of oil at the above oil station, as the warden of “F,” the direct oil station of the victim E Co., Ltd. located in Chang Sea-gu, Changwon-si.

Around June 2011, the Defendant used a card in the name of the Defendant, a card with the Defendant’s mother-friendly G and Ha’s card, and used a false payment in cash and used a false payment for personal purposes, such as living expenses, from an unspecified customer who left the drinking in F, and used a false payment in cash at around that time.

In addition, during the period from around April 2012, the Defendant spent the total amount of KRW 69,344,497, which was managed by the victim for the victim, such as the list of crimes in the attached Form, in the manner of mind at the Defendant’s residence and the seat in Busan City.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of a witness I;

1. Application of Acts and subordinate statutes to a written resolution on disbursement registration, a daily balance sheet and a detailed statement of entry and departure, a net business plan and report on the outcomes, lubrication amount, a claim and obligation inquiry document and a report

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. is confession by the defendant, and there is no criminal record of the suspension of execution of the same kind of imprisonment or imprisonment, the victim receives 30,000,000 won insurance money from the Seoul Guarantee Insurance Co., Ltd. under the guarantee contract, and additionally receives 10,000,000 won from the defendant, and the damage may be recovered or recovered by provisionally seizing approximately KRW 12,00,000 deposit claims.

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