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(영문) 부산지방법원 2015.10.15 2015고단5029
업무상횡령등
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. The Defendant has been in charge of purchasing used cars by the victims to the local branch offices of the victim E companies located in the Orala District, the Orala District, E, and the local branch offices of the victim, which the victim acquired to import used cars from Japan.

On July 4, 2008, the defendant received 100 million won from the victim C to keep the purchase price for used cars for business purposes from the victim C.

Nevertheless, on November 1 of the same year, the Defendant rejected a request from the above company office to return the above money as there is no need to purchase used cars due to the high value of globalization from the victim. Thus, the Defendant rejected the request without justifiable reasons.

Accordingly, the defendant refused to return the victim's property.

2. The Defendant is a person who has the nationality of the Republic of Korea.

Any national who intends to enter the Republic of Korea outside the Republic of Korea shall undergo an entry inspection conducted by an immigration control official at the port of entry and departure with a valid passport.

Nevertheless, the Defendant, without a valid passport on April 15, 2015, moved from the coastline near the coast line near the Mandong-gu in Japan to the coast line near the port in the west-gu in the west-gu in the west-gu in the order of movement of three vessels whose names cannot be known, and without undergoing an entry inspection by an immigration control official, landed on the land near the port in the above west-gu without undergoing an entry inspection by the immigration control official.

Accordingly, the defendant entered the country without undergoing an entry inspection without a valid passport.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of the Acts and subordinate statutes to the head of a foreign exchange bank, a copy of a foreign exchange transaction receipt, etc., immigration output, and accusation;

1. Relevant Articles 356 and 355(1) of the Criminal Act concerning criminal facts (the point of occupational embezzlement) and Article 95 of the Immigration Control Act.

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