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(영문) 창원지방법원 통영지원 2017.01.19 2016고단1613
업무상횡령
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

From April 2012, the Defendant: (a) from around 2012, from the victim D management E company in Gyeongnam-gun, sold the goods arbitrarily to a person engaged in the sales of shipbuilding machinery and industry safety supplies; and (b) received the sales proceeds and received the sales proceeds for personal consumption.

On May 23, 2014, the Defendant, at the foregoing E office’s warehouse, embezzled goods owned by the victim in total amount of KRW 126,264,360 by arbitrarily selling goods in the company’s custody, such as the list of crimes, or ordering the Defendant to deliver goods to the company designated by the Defendant to the customer by arbitrarily selling the goods in the company’s custody, such as the list of crimes, to the F, which reported that the Defendant sold the NA and sold the NA in the country’s website, at KRW 560,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police with regard to D;

1. Complaint;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to the ledger, etc. of sales in the place of transaction), inserted funds (Attachment to the details of account transactions in A by a suspect);

1. Articles 356 and 355 (1) of the Criminal Act, the grounds for sentencing selecting a sentence of imprisonment, comprehensively, with respect to the relevant criminal facts and the choice of a sentence;

1. The basic area (one year to three years) of the Sentencing (the scope of the recommended punishment) and the basic area (one year to three years) of the Sentencing Class 2 (the amount of not less than 100 million won to less than 500 million won)

2. The Defendant, for the specific reasons of sentencing, disposed of the victim’s products as salt prices, and acquired gains of approximately KRW 75 million. The victim’s damage was not completely recovered by using them as the name of living expenses, entertainment expenses, and debt repayment. The victim wishing to punish the Defendant.

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