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(영문) 수원지방법원 2016.09.09 2016고단2424
횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person engaged in a business of distributing building materials, such as temporary materials.

The Defendant, at around June 1, 2014, at a mutually infinite coffee shop near the cambs in the territory of the Republic of Korea University of Foreign Language, located outside of the wife population, the Defendant, “The manager of the victim AS Co., Ltd., was stored at EO, the largest temporary material company in Korea, and can seek for the distribution of materials inside the Republic of Korea.

A lot of profits can be left from purchasing temporary materials.

"Around July 14, 2014, the victim wired 9,740,000 won to the account of EO Co., Ltd. for the purchase price of temporary materials. Around that time, EO Co., Ltd. received temporary materials, such as a cross-section, and stored them for the victim. Around that time, he/she embezzled it by personally selling it. From around that time to early August 2014, the victim made the victim transfer the purchase price of the temporary materials to the headquarters of the temporary materials at least nine times, such as in the list of crimes in the attached Table of the crime, and supplied the temporary materials from the headquarters of the material or received the purchase price of the temporary materials from the damaged person, the victim purchased the temporary materials equivalent to 197,625,000 won and supplied the remainder of the material to the victim, and embezzled it with the temporary materials equivalent to 283,600,000 won through personal use of the material.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of statements made by the prosecution against BO in the protocol;

1. Statement of the police statement with regard to BO;

1. The grounds for sentencing under Article 355(1) of the Criminal Act (the choice of imprisonment) by comprehensively selecting the relevant legal provisions and punishment for the criminal facts subject to each statute applicable to the list of crimes, AS, EP 2014/7/1 through 8/1 sale statement, tax account statement, and account transaction details;

1. The scope of the recommended punishment on the sentencing criteria [type] embezzlement and breach of trust;

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