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(영문) 수원지방법원 안양지원 2014.08.21 2014고단993
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that 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 May 2012 to December 18, 2013, was in charge of delivery and receipt of alcoholic beverages from the victim D limited liability company located in the Gu C during the Ansan-si period.

From January 1, 2013 to December 12, 2013, the Defendant supplied alcoholic beverages to the “Mexico” located in the Sinpo-si, Sinpo-si, Sinpo-si, and collected a total of KRW 950,000,000, and used it for the victim company’s business. At that time, the Defendant consumed the amount of alcoholic beverages for personal use, such as living expenses, in mind, in Seoul, at the daily rate of Seoul around that time, as indicated in the attached list of crimes, and embezzled the total of KRW 30,820,070 in the same manner by consuming it as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (Re-receiving a detailed statement of embezzlement of sales proceeds A)

1. Application of Acts and subordinate statutes to the person concerned and the detailed statement of embezzlement of sale proceeds (investigative records 4, 5 pages);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations: Basic area (from April to April) of April 1 to April 1 (less than KRW 100 million);

2. Determination of sentence shall be made in the same way as the order, taking into consideration the fact that the defendant has repaid part of the damage and is in deep reflect, and that the defendant has no criminal records, other than twice a fine;

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