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(영문) 창원지방법원 진주지원 2013.05.14 2013고단385
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight 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 has been engaged in the sales and collection of alcoholic beverages of the company as the head of the business division of the company C, which is the victim in Jinju-si B from August 1, 2005 to October 31, 2012.

On May 15, 2007, the Defendant collected KRW 145,760 from a business establishment called "D" located in Jinju-si, and used them for personal purposes such as living expenses, etc. around that time.

In addition, from around that time to October 31, 2012, the Defendant embezzled total of KRW 37,732,075 in the same way as indicated in the list of crimes in Jinju City through several times, such as the same listed in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol against the accused;

1. Each police statement of E;

1. Each written confirmation of attempted crimes, each embezzlement, ascertaining the current status of attempted customers, and applying Acts and subordinate statutes on sales and deposited transactions;

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. Article 62 (1) of the Criminal Act ( normal consideration of the agreed point, etc.);

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