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(영문) 광주지방법원 2014.06.17 2014고단1172
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

except that 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

From July 28, 1998, the Defendant, as a business employee of the victim E Co., Ltd. in Gwangju Dong-gu, was engaged in the business of supplying products upon receiving orders from the business partner and collecting sales proceeds for the supplied products.

By using the fact that the Defendant can deliver goods to the customer due to the nature of the transaction, and that there is only a balance of credit to the customer, the Defendant did not deliver the goods to the customer, but did not sell the goods to the customer at his discretion, or embezzled money from the customer at his own discretion.

On February 6, 1999, the Defendant ordered the above victim’s office to supply the F Company, which is the F Company in Daegu, and received three kinds of household appliances outside of 7,898,800 won in total, and kept them in business for the victim. Around that time, the Defendant embezzled the amount equivalent to the above household appliances as a so-called “dumping” without supplying them to the F Company.

In addition, the Defendant embezzled the property equivalent to KRW 13,275,576 in total at the market price owned by the victim for personal purposes, such as living expenses, instead of delivering the household goods supplied over 25 times from the time to October 199 as shown in the list of crimes in the annexed list of crimes, to the customer, or by voluntarily disposing of them as dumping to the non-business entity (the No. 1 through No. 11, No. 25), or by consuming the sales proceeds collected from the customer for personal purposes (the No. 12 to No. 24 of the list of crimes).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to G;

1. Application of the Acts and subordinate statutes to each place of transactions, each place of balance of claims, each place of claims, joint statement of claims, joint statement of claims, and joint statement of accounts;

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. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.

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