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(영문) 창원지방법원 통영지원 2019.02.21 2018고단1130
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant, from April 8, 2017 to August 21, 2017, was engaged in the delivery and collection of household at the D agency operated by the victim C from Jin-si to Jin-si.

1. On July 2017, the Defendant supplied the E representative F with the D agency’s main household and received the price of the goods from the E representative F, the Defendant transferred the amount of KRW 3 million on July 5, 2017 to the G bank account (H) bank account in the name of the Defendant, instead of the account in the name of the victim designated as the original commodity deposit account, and remitted the amount of KRW 19 million to the victim, while he/she was on business custody for the victim, while he/she transferred the amount of KRW 20 million on July 7, 2017 to the G bank account in the name of the Defendant. The Defendant arbitrarily consumed the amount of KRW 19 million from the Liber bank account at around that time.

2. Around July 10, 2017, the Defendant supplied I with a main household to I, and received KRW 25 million from the G bank account in the name of the Defendant in the name of the Defendant in paragraph (1) to the goods price and installation cost down payment, and voluntarily consumed KRW 7.5 million on behalf of the victim, and the remainder KRW 17.5 million from the G bank account in the name of the Defendant in the name of the Defendant in paragraph (1).

3. On July 2017, the Defendant supplied K with the main household at the house of JJ Village Jin-si, and supplied K with the goods price of KRW 7 million, out of KRW 9 million, K directly transferred the goods price to an account in the name of the victim, and the remainder of KRW 2 million, which was received in cash and kept on duty for the victim, the Defendant voluntarily consumed the goods for the cost of living at the large household around that time.

Accordingly, the Defendant arbitrarily consumed and embezzled the total amount of 23.5 million won of the victim's property stored in his/her business for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. A bank transaction inquiry;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. The sentencing of Article 62(1) of the Criminal Act is suspended.

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