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(영문) 부산지방법원 2017.01.18 2016고단5216
업무상횡령
Text

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

Reasons

Punishment of the crime

On December 16, 2010, the Defendant was sentenced to six months of imprisonment with prison labor at the Changwon District Court for fraud, etc. on April 28, 201, and the execution of the sentence is terminated in the closed detention house on April 28, 201. On February 18, 2016, the Defendant was sentenced to one year and four months of imprisonment with prison labor at the Changwon District Court for fraud, and that judgment is the same year.

2. 26. Finality was established.

The Defendant, who was operating a retirement expenses agency (one-name retirement agent), received retirement from the producer of the retirement expenses and delivered the retirement expenses to the farmer, and received a certificate of acceptance from the farmer and submitted it to the agricultural cooperative, thereby allowing the agricultural cooperative to pay the payment to the producer.

On July 2013, the Defendant found the “E” office operated by the victim D in Ulsan-gu Northern District C, Ulsan-gu, and entered into a contract for the mediation of non-sale with the victim.

According to the above contract, the defendant shall receive retirement from the injured party and deliver it to the farmer, and shall receive a receipt from the farmer and submit it to the agricultural cooperative.

After examining whether to deliver retirement expenses, agricultural cooperatives paid 3,500 won per application to the victim, and the defendant is paid 1,200 won per application to the victim.

From November 18, 2013 to September 22, 2014 pursuant to the above contract, the Defendant supplied the victim with retirement expenses of 70,432 PP 59 to total sum of 59 knife (20 kg per 1 nife) and kept in custody for the victim. At that time, the Defendant arbitrarily disposed of retirement expenses of 146,37,000 won total of 146,37,000 won and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made D in relation to the suspect interrogation protocol against the accused;

1. Statement made by the police with regard to D;

1. Certificates of cash custody;

1. Investigation report (Attachment of a detailed statement of transactions) - Copy of a detailed statement of transactions;

1. A report on investigation (F telephone conversations for a witness), investigation report (attached data for inspection), - a business trip name, field photograph, and notification of the occupancy of State-owned land without permission;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, inquiry about summary information of each case, and application of each written judgment;

1. Criminal facts;

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