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(영문) 광주지방법원 해남지원 2017.09.07 2017고단229
업무상횡령등
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, as a director of the management center of the 'D' 'D' 'D' pattern operated by the victim C in South Do, was in charge of the culture, sale, and collection of money.

1. From September 13, 2016 to September 19, 2016, the Defendant used KRW 6,000,000 for the total of KRW 12,00,000 for the total of the total of the total of the uniforms to E around November 9, 2016, and KRW 12,00,000 for the total of KRW 36,00,000 for the total of the uniforms to F around December 22, 2016, after receiving KRW 12,00,000 from each of them to the Agricultural Cooperative in the name of H for the victim, from around that time, he/she was voluntarily consumed from the National Agricultural Cooperative in the name of H.

2. On November 25, 2016, the Defendant, in occupational breach of trust, had a duty to collect the proceeds from the sale of the previous uniforms as above and pay the victim. On November 25, 2016, around KRW 10,000,000, and KRW 40,000,000, and KRW 20,00,00,00,000, in total, to the accounts in the name of K designated by the Defendant, he/she transferred the proceeds from property interest of KRW 70,00,000 in total to the accounts in the name of the Defendant, thereby causing damage equivalent to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Part of C’s statement in the second police statement against the defendant;

1. A statement of transactions of the agricultural bank in each L's name, and a statement of transactions of the agricultural bank in H's name;

1. Application of Acts and subordinate statutes to a report on internal investigation (as to the details of use of sale proceeds of 1720,000 won without the reversal of the statement made by the person under internal investigation, A’D on-site verification), investigation report (as to the authenticity verification of the contract for the sale of seeds and seedlings, /G, verification/J, verification of the authenticity of the contract for the sale of seeds and seedlings of the uniforms, /I, verification of the authenticity of the contract for the sale of seeds and seedlings of the uniforms, /E, review of the contractual relationship, and verification of the details of partial return)

1. Relevant provisions of the Act concerning facts constituting an offense;

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