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대구지방법원 안동지원 2013.12.10 2013고단331

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.



Punishment of the crime

The defendant, under the trade name of "C", was a person engaged in the distribution and sale of agricultural products, was aware of the victim D from January 2012, and was asked by the victim to sell the victim's apology at an appropriate price.

around April 25, 2012, the Defendant sold 40 million and 500 boxes owned by the victim and 1,283 boxes kept in the Gyeongdo warehouse located in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, and sold them at the same place on April 27, 2012 and kept the proceeds of sales for the victim. On April 25, 2012, the Defendant voluntarily used 40 million and 2640,000 won in total for his own personal debt repayment around that time, for the purpose of transferring the proceeds of sales to F’s account after transferring it to F’s account, such as using 40,000 won among the proceeds of sales, and using 14,264,000 won in total as its own personal debt repayment.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including the substitute part);

1. An interrogation protocol of the police against the accused (including the substitute part);

1. Application of the police statement law to D;

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

1. The facts charged concerning the dismissal of prosecution pursuant to Article 62(1) of the Criminal Act (i.e., the violation, the full return of the embezzled apology and the full return of the proceeds, the absence of any record of punishment for the same kind of crime, and the absence of any record of punishment for the same crime) of the Act on the Suspension of Execution (see, e.g., Article 62(1) of the same Act), the Defendant is an employer who employs five full-time employees of the HIC association located in the Gyeongsung-gun, and engages in distribution business by employing five full-time employees. If a worker dies or retires, the employer shall pay wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred