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(영문) 대구지방법원 김천지원 2014.02.12 2013고단1355
업무상횡령
Text

A defendant shall be punished by imprisonment for six 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, from February 1, 2010 to August 30, 2012, has been engaged in the conclusion of an advertising contract and the collection of advertising fees with the business employees of E Co., Ltd., a victim of D located in Gwanak-gu in Seoul Special Metropolitan City from February 1 to August 30, 2012.

On January 13, 2011, the Defendant collected 990,000 won from “G” located in the Western-si, Western-si, Seoan-si, and collected advertising money from “G” for the said company, and was in violation of his duties, and then consumed food expenses, etc. for personal purposes, such as food expenses, in mind, at the north-gu, Seoan-gu, Seoan-gu, Seoan-gu, and around that time, from around that time to July 28, 2012, “24,480,90 won in total,” as indicated in the separate crime list, appears to be an error in calculation.

The consumption was made in mind.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Part of statement D in the second police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Application of D's Acts and subordinate statutes on the complaint;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [decision of type] Embezzlement 100 million won [the scope of the recommendation field and the recommendation type] basic area, April-1 and April [the general person] - In the case of embezzlement crime / [whether or not the execution of sentence is suspended] The principal illegal grounds : Unagreement - There is no criminal conviction or more for the general pride: Imprisonment with prison labor for 6 months and 2 years suspended sentence: besides the above sentencing factors, the sum total of 54,480,90,000 won and the sum total of 30,000,000 won for the defendant's embezzlement and the defendant's personal debt to D for the representative director Eul of the corporation E: H, type I I, and the defendant's representative joint and several sureties where the defendant works, and accordingly, the repayment may be made at least 20,000 won.

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