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(영문) 서울중앙지방법원 2014.04.24 2013고정5197
업무상횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From January 28, 2013, the Defendant has been engaged in the business of delivering clothing samples manufactured by the said company as an employee of the “E” operated by the victim D, which is located in Seongbuk-gu Seoul building 103, according to the victim’s instructions.

On March 14, 2013, between 16:30 and 17:00, the Defendant instructed the victim to deliver samples from the above “E” office of “E” to the salary-making factory located in Yongsan-gu Seoul, Yongsan-gu, which is equivalent to KRW 149,000 of the market price owned by the victim, and embezzled the above samples without delivering them to the salary-making factory, while receiving the samples for the victim’s business.

Summary of Evidence

1. Court statement of the defendant (the fourth court date);

1. Application of Acts and subordinate statutes on police statements made to D, G, and H;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment.

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (Article 59(1) of the Criminal Act provides that there is no record of criminal punishment against the defendant, that there are circumstances to consider the circumstances leading to the crime due to the reason why the victim is liable, and that the defendant seems to have made a confession of and reflect against the crime late);

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