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(영문) 서울남부지방법원 2018.10.17 2018고단541
횡령
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above cases against the defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

Defendants are those engaged in the water collection and disposal business from around 2013 to the name of “E”.

On January 6, 2017, the Defendants concluded an entrustment contract for waste treatment in the name of “F”, which is an interim waste recycling business entity for waste treatment, with the victim wingwa Co., Ltd. (hereinafter “victim Co., Ltd”) and the 5 tons cargo vehicle for three-ton cargo vehicles and for three-ton cargo vehicles and for three-ton cargo goods, with the transportation cost and personnel expenses, and with the total of KRW 1,480,000,000,000 (Additional No. 3) disposal expenses.

According to the entrustment contract for the above services, the Defendants moved 133 items 4,038 items to a F warehouse located in Pakistan to dispose of 133 items from the luminous name factory located in the fourth floor of the victim company A, e.g., the e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., 6: March 6, 2017; and embezzled 872 items, such as Bine and Blu PC, from among the products owned by the victim company in Dongdaemun-gu, Seoul, around March 6, 2017, the Defendants arbitrarily disposed of e.g., Abine and Blue PC, and embezzled them to G in the amount of KRW 26 million.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copies of each protocol concerning the examination of suspect by the police of I, J and G;

1. Copies of the police statement made to K;

1. Application of Acts and subordinate statutes to a copy of a contract for entrustment of business affairs for waste treatment, a copy of a written estimate, a copy of confirmation of remittance, a list of entering and withdrawing transaction details by product, and a copy of each detailed statement

1. The Defendants: Articles 355(1) and 30 of the Criminal Act; Articles 355(1) and 30 of the Criminal Act; and Articles 355(1) and 30 of the Criminal Act;

1. The Defendants in the suspended sentence: the Defendants were the first offender and are against their mistakes in the sentencing of Article 62(1) of the Criminal Act; the Defendants deposited money for the recovery of damage; under favorable circumstances, the Defendants’ act committed by the Defendants, thereby resulting in addition to the value of the goods embezzled by the victims.

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