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(영문) 수원지방법원 2014.03.26 2013고단6339
업무상횡령
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A defendant shall be punished by imprisonment for 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

The Defendant, from August 2006, worked as an employee of the Victim D Co., Ltd. (former trade name before the change: Co., Ltd.), who had been engaged in the business of collecting money, etc. on or around December 30, 2009, was transferred with the right of operation of the Victim Co., Ltd. and was actually operating the Victim Co., Ltd. until August 2012. In addition, the Defendant embezzled the Defendant’s money for four times as follows.

1. Around May 15, 2008, the Defendant was transferred KRW 4,000,000 from F to his own account for the cost of waste transport and disposal following the removal of the building of the office of the professional engineer of Subdivision-dong, Gangnam-gu, Seoul and embezzled the said money by arbitrarily consuming it around that time.

2. Around January 17, 2009, the Defendant received 4,880,000 won from G to his account for waste transport and disposal expenses incurred from the removal of the building located in Suwon-gu H in Suwon-gu, Suwon-si and embezzled the said money on his own for the sake of the victim company. Around that time, the Defendant arbitrarily consumed and embezzled the said money.

3. On June 4, 2009, the Defendant: (a) transferred KRW 8,800,000 from I to the account in the name of L for waste transport and disposal expenses incurred from the removal of the building in the building in Songpa-gu Seoul Songpa-gu, Songpa-gu, Seoul; and (b) embezzled the said money by arbitrarily consuming it around that time.

4. Around January 26, 2010, the Defendant received KRW 4,200,000 from M to the account in the name of L for waste transport and disposal due to the removal of buildings located in the ancient City N from M and embezzled the said money by arbitrarily consuming it around that time.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant's partial statement in the first protocol of trial;

1. Statement of the suspect interrogation protocol of the accused by the prosecution and the suspect interrogation protocol of each police officer on eachO (number 8, 20, 22, 33 of the evidence list);

1.O:

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