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(영문) 수원지방법원 여주지원 2017.11.10 2017고단707
업무상횡령
Text

From November 3, 2015 to November 3, 2015, Defendant is punished by imprisonment with prison labor for six months, and after November 4, 2015.

Reasons

Punishment of the crime

On October 27, 2015, the Defendant was sentenced to a suspended sentence of two years in August 27, 2015 due to a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving without a license) in support of the Sungnam-gu Friwon. The judgment became final and conclusive on November 4, 2015.

The Defendant, from around December 30, 2009 to December 30, 201, was engaged in the business of managing the attempted claims and receiving alcoholic beverages from around January 201 to around February 6, 201 by the victim C, which is located in the wife B from around February 2014 to around February 6, 2016.

On January 27, 2014, the Defendant received KRW 100,000 from the representative F of “E” in Ischeon-si D to the Agricultural Cooperative Account (Account Number G) in the name of the Defendant, and used KRW 100,00 for the said Company at around that time, the Defendant used KRW 10,00 in daily living expenses, etc. in mind.

In addition, the Defendant embezzled KRW 20,305,80,00 from around that time to February 9, 2016, using the same method as indicated in the list of crimes in the attached Table, for personal purposes, such as living expenses, the sum of the proceeds of alcoholic beverages, alcoholic beverages loans, and cooling and disposals, which are kept on business for the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with H;

1. Investigation report (Binding of sales ledger by trade office);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Articles 356 and 355 (1) of the Criminal Act relating to the facts constituting an offense;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Selection of imprisonment with labor for occupational embezzlement until November 3, 2015, and of a fine with labor for occupational embezzlement after November 4, 2015

1. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act (only between occupational embezzlement and occupational embezzlement until November 3, 2015, and between occupational embezzlement after November 4, 2015)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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