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(영문) 울산지방법원 2016.05.17 2015고단3134
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 2, 2012, the Defendant entered into an agreement with the victim that, in the G office operated by the victim FF in the G office operated by the Gyeongsung-gun, the Defendant would engage in business activities, such as selling it, and receive the sales proceeds from the transfer to the account of the victim and divide 50% of the amount deducted from the production cost.

The Defendant, around January 14, 2013, intended to deliver six 2.5 million won of 2.5 million won of the Victim’s Republic of Korea to I, and received money from the Defendant to the account in his/her name and kept in his/her business. Around that time, he/she arbitrarily used the money for living expenses, etc., and embezzled the money for Anraca and its total amount of KRW 4.6 million from December 31, 2012 to November 26, 2013, as indicated in the list of crimes in the attached Table, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against J, K and L;

1. A complaint and an additional complaint;

1. A written agreement, a written confirmation, a statement of confirmation, a statement of deposit status, a statement of fact, a statement of fact, a certificate of fact, an objection against a payment order, and a written objection against the payment order;

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

1. Article 356 and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2, and Article 50 of the Criminal Act / [the scope of recommending] No person who does not have a person who is subject to special sentencing [4 months to 10 million won] in the basic area (4 months to 1 year and 4 months] of the crime of embezzlement and breach of trust (the decision of sentencing] [the decision of sentencing] Defendant received a Kai fund as indicated in the judgment of the Defendant from his personal account

However, the defendant deposited 10 million won over two occasions, and there is no record of having been sentenced to imprisonment without prison labor or more for the same crime.

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