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(영문) 대전지방법원 천안지원 2014.09.12 2014고단762
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 2009, has been engaged in the business management and collection of the above company as the vice head of E, a victim of Dong-gu, Nam-gu, Dong-gu, Dong-gu.

On November 2013, the Defendant: (a) collected the amount of KRW 43,635,159 from the Pacific-gu office located in 528, Seo-gu, Seo-gu, Gwangju-gu, a business partner of the said company; and (b) used the amount for personal purposes, such as stock investment, etc.

In addition, from around that time to February 2014, the Defendant voluntarily consumed the total amount of KRW 252,679,213 from 10 companies, the transaction partner of the said company, as stated in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes concerning claims to be used as of February 11;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (i.e., the first offender and the agreement of the defendant);

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