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(영문) 수원지방법원 여주지원 2014.11.07 2014고단234
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, 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 February 18, 2013 to October 3, 2013, the Defendant, as a business member of the victim limited liability company C in Gyeonggi-si B, was engaged in the business of delivering alcoholic beverages to the said business partner and paying the proceeds therefrom to the said business partner.

around June 30, 2013, the Defendant collected KRW 1,000,000 from “F” operated by Gyeonggi E, which was operated by Gyeonggi Pyeong-gun, and used them for personal purposes, such as housing deposit and cost of purchasing goods at that time.

From around that time to August 31, 2013, the Defendant spent total of KRW 11,789,000 in the same way through 11 times as indicated in the annexed crime list.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The president of each sales office;

1. The application of each statute of payment

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

1. Article 62 (1) of the Criminal Act (including the fact that damage has been recovered to a victim and the fact that the defendant has no criminal record of suspended execution or heavier punishment);

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

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