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(영문) 서울중앙지방법원 2014.10.23 2014고단6694
업무상횡령
Text

A defendant shall be punished by imprisonment for six 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

On May 2, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Central District Court on May 2, 201 and two years of suspended execution for the same year.

5. 10. The judgment became final and conclusive.

The Defendant is a business entity located in Jung-gu Seoul Metropolitan Government, which is operated by the victim B, in charge of managing its clients and supplying products and receiving supplies from April 2012 to the end of April 2013.

From September 10, 2012 to October 10, 2013, the Defendant supplied products equivalent to KRW 18,500,000 at a total of 11 times from the victim’s business entity to E, which is his/her customer. The Defendant transferred the price of supplied goods to a bank account in the name of Women-Friendly F, and stored for the victim two times during which the Defendant transferred the price of supplied goods to the victim, and then remitted the remaining KRW 4,419,360 to the victim two times during which the victim was kept. The Defendant distributed the remaining KRW 6,380,640 to the victim at will due to the Defendant’s living expenses, etc. around that time in the same manner as indicated in the attached crime list from August 28, 2012 to December 17, 2013, and embezzled KRW 154,912,341 from five business partners to the victim’s deposit account in the name of F and embezzled the amount of supplied goods to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Account statement and the president of each account;

1. A detailed statement of embezzlement, amount of redemption, and account transaction;

1. Previous convictions: Application of the Acts and subordinate statutes of the Seoul Central District Court 2014Kadan1449;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including circumstances, etc. described in the following reasons for sentencing);

1. Whether the sentencing criteria are applied or not is the relation between the violation of the Road Traffic Act (unlicensed Driving) and the latter concurrent crimes, for which the judgment has already become final and conclusive.

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