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(영문) 수원지방법원 2013.08.13 2012고단6360
업무상횡령
Text

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

Reasons

Punishment of the crime

1. From November 2, 201 to August 22, 2012, the Defendant has been engaged in the business of supplying and supplying goods while working in the victim D (owner) located in Suwon-si Line C as business employees.

The Defendant voluntarily consumed KRW 6,642,317 from G operated by F in 105 to December 26, 2011, which had been in custody for the victim during the course of Ansan-si from November 4, 201 to December 26, 201, for personal debt reimbursement, etc. in Suwon-si, Ansan-si, and Permitted-si.

The Defendant, including that, from November 2, 201 to August 27, 2012, embezzled total of 67,527,007 won of the market price owned by the victim on a total of 20 occasions, as shown in the list of crimes, from around November 2, 201 to August 27, 2012.

2. On August 22, 2012, the Defendant embezzled one ton of H1 ton of the market value of the victim’s ownership for the purpose of using it for the business of supplying goods and supplying goods in the above victim D (state), on account of the victim’s retirement, even though the Defendant was requested by the representative director of the victim D (state) to return the said freezing to the victim, and was found to have been embezzled as the Defendant did not return it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Investigation report (Adjustment of Evidence-related relations);

1. Application of investigation reports (verification of market price of damaged goods) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, including the fact that the period of punishment has reached approximately ten months and the amount of damage has not been recovered, the fact that the damage has not been recovered, and the fact that the damage has not been reflected, etc., shall be determined by taking into account the matters prescribed in Article 51

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