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(영문) 창원지방법원 마산지원 2014.05.13 2014고단5
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From June 1, 2005 to July 22, 2013, the Defendant, as a member of the victim D who is in the window C of Changwon-si, has been engaged in the business of selling and collecting royalties of the said company.

1. Around April 30, 2013, the Defendant deposited KRW 61,80,673 of the sales proceeds of the Pested Pested Pested Pested Pested Pested Pested Patch E in his/her own check for the said company, and used it for personal purposes, such as paying the Defendant’s personal debt, purchasing expenses for sports soil and lottery tickets, etc. around that time.

2. Around May 31, 2013, the Defendant deposited KRW 46,00,000 from G Puart as indicated in paragraph (1) to May 31, 2013 as his/her check, and was in the occupational custody of the said company for the said company. Around that time, the Defendant used the money for personal purposes, such as the Defendant’s repayment of his/her personal obligations and the cost of purchasing sports earth and sand in mind.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to the ordinary deposit transactions and the inquiry of details;

1. Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment with labor, and the applicable Articles of the Criminal Act concerning the crime;

1. Of concurrent crimes, Articles 37 (former part), 38 (1)-2, and 50 of the Criminal Act [the grounds for punishment] is the first offender who has no criminal history, and his/her mistake is pened in depth. However, even if the amount of damage not recovered exceeds KRW 80 million, considering the fact that the amount of damage not recovered exceeds KRW 80,000,000, it shall be determined as per the disposition.

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