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(영문) 대구지방법원 포항지원 2017.01.25 2016고단1475
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From August 16, 2005, the defendant is the director in charge of the business of the victim C, operated by the victim C, in South-gu, Nam-gu, Seoul, and has been engaged in the sales and collection of alcoholic beverages of the above company.

The amount of alcoholic beverages between the above D and the customer of alcoholic beverages supplied alcoholic beverages to the customer, and then the customer sold the relevant alcoholic beverages to the customer, and then returned the same to the victim, the remaining portion of the total amount of alcoholic beverages less the amount of official disease from the customer's place of business to the bank account of the above D is paid as alcoholic beverages, and the amount was deposited into the bank account of the above D. However, the defendant committed a false entry into the account so that the number of the official disease returned by the customer is larger than the actual amount of the official disease returned by the victim by using the fact that the victim did not properly verify the amount of the official disease which is deducted at the time of the settlement of alcoholic beverages.

Accordingly, on April 2, 2008, the Defendant collected 89,800 won for alcoholic beverages from the F station located in the north-gu E at the port of Port on April 2, 2008, and entered 59,800 won in the sales account book, and used the difference of 30,000 won for the business of the company, and then used the difference for personal purposes, such as entertainment expenses, at around that time, at the time of port of Port.

In addition, the Defendant, from that time until October 24, 2014, embezzled KRW 324,532,150 in total by the same method as indicated in the list of crimes in attached Form 1,597, such as in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (the list of crimes to be submitted by an complainant);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the following conditions are as follows: Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

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