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(영문) 대전지방법원 서산지원 2018.01.05 2017고단639
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2017, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for fraud at the Daejeon District Court, and the said judgment became final and conclusive on December 8, 2017.

On July 14, 2015, at the “F” restaurant operated by the victim E in Daegu Dong-gu, Daegu-gu, the Defendant purchased the fireworks from the owner of the fishing vessel on behalf of the victim, supplied them to the victim, and received a request from the victim for the supply of them to the victim, and had the victim engage in the business of supplying them to the victim by purchasing and storing fireworks for the victim.

On October 16, 2015, the Defendant transferred KRW 19,360,000, around the same month to the Suhyup Bank Account in the name of the Defendant; KRW 7,000,000 around the same month; and KRW 3,960,00 around the same month on the 19th day of the same month, and the Defendant purchased 410 boxes from the vessel owner H of the said fishing vessel in the fishing vessel G at the port located in the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant purchased 410 boxes from the vessel owner H of the said vessel and kept them in the custody of the victim on duty.

On February 2, 2016, the Defendant sold 16,860,000 won at the market price of 150 boxes, among the fireworks kept by the Defendant for the victim, at around around 150, the “I” and the “I” in the Thai-gun, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Inquiries on the details of transactions in the new Free Savings Bank, the details of the withdrawal transactions in the Daegu Bank, the contracts, each of the Stockholm letters, the detailed statement of the transaction in the Suhyup letters, the Stockholm letters, and the inquire about the details of the Suhyup transactions;

1. Previous offense: Application of Acts and subordinate statutes of a report on investigation (the confirmation of the date of confirmation and the report attached to the judgment), text of the judgment, and copy of the judgment;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Act on the Suspension of Execution does not have significant damage to the reason for sentencing, and judgment shall be rendered simultaneously with the crime for which judgment becomes final and conclusive.

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