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(영문) 대전지방법원 서산지원 2015.06.11 2014고단1245
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

From January 2012, the Defendant used the office of the chairperson of the victim D Co., Ltd., a stone supply company in Jinjin-si from January 2012, and was mainly in charge of business affairs, and E, the representative director of the above company, was in charge of the overall management and operation of the company.

Around February 6, 2013, the Defendant: (a) transferred KRW 50 million to the Agricultural Cooperative account (F) account under the name of the Defendant and transferred KRW 15 million to G account used by E during the course of performing his/her duties for the victim; (b) used the remainder of KRW 35 million to repay the Defendant’s personal debt; and (c) used the remainder of KRW 35 million at his/her discretion from the above date and time to the same year.

3. Until January 1, 200, the stone price of KRW 49.5 million was arbitrarily consumed and embezzled, which was received from Thaiman Co., Ltd., as shown in Appendix 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on investigation (the telephone survey Nos. 14 of evidence list);

1. Application of the Acts and subordinate statutes "the details of entry and departure transactions";

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] type 1 (100 million won) (the person who has been specially mitigated) [the person who has been subject to punishment] in the mitigated area of punishment [the person who has been subject to punishment] [the person who has been subject to punishment] where the defendant used the position of president of the victim company, but embezzled by using the materials that the victim company received without any authority to represent the victim company for personal purposes. The sum of embezzlement is 49,50,000 won, which is disadvantageous to the defendant. The defendant agreed with the victim, and the fact that the defendant did not have any other criminal record other than the punishment once

The records and arguments of this case, including the above circumstances, are shown.

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