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(영문) 대구지방법원 서부지원 2015.03.20 2015고단47
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 May 3, 2004 to July 8, 201, the Defendant is a modern vehicle D accounting employee operated by the victim C in Daegu-gu, Nam-gu, and engaged in the receipt of vehicle repair cost, transaction account management, and credit card settlement.

Around January 14, 2008, the Defendant received 44,000 won from E for repair of Fone Star Vehicles from E in cash on the account book, entered the said repair price in credit sales on the account book, and used the said repair price for the victim’s business. Around that time, the Defendant used the said repair price for personal use at the Daegu Siwon.

From around that time to June 16, 2011, the Defendant consumed total of KRW 231,058,845 won from Japan in Daegu City through total of 2,322 times, as indicated in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A complaint;

1. A statement of use of another person's account;

1. The details of use of modern banking points;

1. G falsely entered details of accounts receivable;

1. A detailed statement of approval for cards;

1. Detailed statement of automobile inspection and maintenance;

1. Application of Acts and subordinate statutes on the current status of general repair;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act selecting a penalty;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., confession, reflectivity, the fact that there is no criminal record for the last ten years, the fact that there is an agreement with the victim, and the fact that there

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

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