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(영문) 전주지방법원 정읍지원 2014.04.15 2013고단611
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, 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 entered into a contract with the victim E to sell or repair livestock machinery at the mutual stand of D located in Jeonbuk-gun, Jeonbuk-gun, and to supply the difficult mileage films produced from the victim E to the farmers in the fananan area, and to receive the proceeds and transfer the proceeds to the victim, with the fee of KRW 1,500 per film.

From September 201 to December 201 of the same year, the Defendant supplied 80 film of difficult mileage 7920,000 won to H residing in G at the time of the Jeonbuk-gu and embezzled 187,52,00 won for personal use from around that time to around December 201, as well as arbitrarily consumed 187,52,00 won for total seven persons, as shown in the annexed crime list, during the period from around December 201 to around December 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment for the same crime and the fact that there is an agreement with the victim);

1. Social service order under Article 62-2 of the Criminal Act;

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