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(영문) 대구지방법원 서부지원 2016.07.15 2015고단1720
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 2, 2013 to August 2014, the Defendant engaged in business and collection of money in “D” operated by the victim C in Daegu Jung-gu, Daegu-gu.

From April 3, 2014 to July 5, 2014, the Defendant collected KRW 271,000 from “F” business partners in Daegu Seo-gu E, and stored for the said victim. At that time, the Defendant used the money for personal purposes, such as repayment of debt and living expenses, in Daegu Seo-gu.

In addition, the Defendant, from February 18, 2014 to August 29, 2014, embezzled KRW 19,626,050 in total by either failing to return the goods returned from 54 business partners in Daegu-gu to 54 business partners, or shipping as if they were ordered, or using money collected from the business partners for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C statement of the suspect interrogation protocol against the accused in the prosecution;

1. Application of Acts and subordinate statutes to report on investigation (report accompanied by data, such as details of embezzlement and embezzlement submitted by a complainant);

1. Articles 356 and 355 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (excluding the fact that no criminal record exists, the amount of damage, and the fact that the person reflects the fact that the person is subject to a fine once by obstructing the exercise of rights);

1. The community service order under Article 62-2 of the Criminal Act;

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