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(영문) 의정부지방법원 고양지원 2014.04.24 2013고단2407
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

The Defendant, as the vice head of the victim D Co., Ltd. in Gwangju City from June 4, 2008 to April 30, 2013, has been engaged in the sales and collection of medicine of the said Co., Ltd.

1. Around March 4, 2008, the Defendant embezzled drugs worth KRW 39,810,832 in total on 77 occasions from the above date and time to January 17, 2013, including selling at another pharmacy in mind and using the price received for living expenses, in the course of carrying out the business of the G pharmacy operated by the F, which is operated by the G, “F,” and operated by the Government-Si, for the said company, embezzled drugs worth KRW 12,300,000 in total.

2. Around June 29, 2010, the Defendant embezzled KRW 9,956,088 in total 35 times from the above date and time to March 26, 2013, as shown in Appendix II, when he/she was engaged in business custody for the said company at the “J” pharmacy operated by I in front of the HJ market in Gyeonggi-gun, Gyeonggi-do, and used the medicine price of KRW 1,80,00 for daily living expenses, etc.

Accordingly, the Defendant embezzled the total amount of 49,766,920 won of the victim company's property.

Summary of Evidence

1. Defendant's legal statement;

1. K statement concerning the accused in the protocol of interrogation of the suspect (influence once) of the prosecution;

1. President of the Waste Delivery and Trade Agency;

1. Details of the utilization of products or public funds;

1. Statement on acceptance and transfer, and details of each customer;

1. The Director of the Export-Import Transaction Agency and trading place;

1. Application of Acts and subordinate statutes on details of passbook transactions;

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. Reasons for the suspended sentence of Article 62(1) of the Criminal Act [decision of the type] Embezzlement Embezzlement Embezzlement 100,000 won or less (special person) - Where significant damage has been recovered (general person in prison) - Where there is a purpose, such as basic living expenses, etc., the criminal punishment shall be binding.

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