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(영문) 광주지방법원 순천지원 2013.11.06 2013고단1472
업무상횡령
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From July 2001 to October 2008, the Defendant served as a business employee of the victim limited liability company C located in the net City B from July 2001 to October 2008, and was engaged in the supply and collection of alcoholic beverages.

around October 9, 2008, the Defendant deposited KRW 260,000 as alcoholic beverages in the “F” entertainment tavern from D’s operation “F” located in Mayang-si, and deposited KRW 151,00,000,000 for the remainder of KRW 151,00,00 for the Defendant’s occupational custody for C. From around that time to October 15, 2006 to around October 15, 2008, the Defendant arbitrarily consumed KRW 78,740,00,000, which was the sum of the amounts collected from 41 business partners as shown in the attached crime list, as above, during the period from October 31, 2006 to October 15, 208.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning G;

1. Each police statement of H;

1. Copies of each statement;

1. The output of each specification of transactions;

1. Application of Acts and subordinate statutes to each detailed statement of payment of alcoholic beverages;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act suspended execution (including the fact that the defendant has no criminal history, and that the defendant has made a full agreement after compensating the victim for damage);

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