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(영문) 대구지방법원 안동지원 2015.02.13 2014고단1066
업무상횡령
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of six months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a vice-head of the victim D-affiliated agency, and is in charge of overall affairs of the Corporation as the head of the F site office of the Gyeong-do Office of Gyeong-do and the defendant B is a person who operates the secondhand Award in the name of "H" in Ansan-si.

1. Around June 5, 2014, Defendant A, a field manager at the construction site, ordered I to supply electric wires (TFRV 185S Qx1C) at a price equivalent to KRW 7,089,00,000 at the market price of 500 meters, and stored for the victim, Defendant A voluntarily disposed of the said H at his/her discretion, and consumed the price as gold in the Internet casino, etc.

The defendant, including this, from around that time, is the same year.

7. Between 28. and 22 times in total the list of offenses (1) and the total market value of electric wires owned by the victim was arbitrarily disposed of and embezzled in an amount equivalent to KRW 276,523,353 by means of the same method.

2. Around June 5, 2014, Defendant B received a request from H to dispose of electric wires (TFRV 185S Qx1C) 500 meters from H.

In such cases, the defendant, who is engaged in the physical work, has a duty of care to confirm whether the defendant is stolen by examining well the reason for the acquisition of electric wires, the motive for the sale, the price suitable for the transaction market, etc.

Nevertheless, the Defendant, while neglecting the above duty of care, purchased the said electric wires at the price of KRW 3,000-5,000 per kg.

The defendant, including this, from around that time, is the same year.

7. Between 28.28. A purchased electric wires from A by the same method over a total of 22 occasions, such as the list of offenses (2) in the attached sheet of crimes.

Accordingly, the Defendant acquired stolen goods by occupational negligence.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Statement to the Prosecutor's Office;

1. Application of each complaint, each statement of transactions, and each electronic tax invoice statute;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 356 and 355 of the Criminal Act.

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