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(영문) 전주지방법원 정읍지원 2014.09.23 2014고단242
업무상횡령
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

[Criminal Power] On January 23, 2013, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Jeonju District Court, which became final and conclusive on April 11, 2013.

【Criminal Facts】

The defendant is the representative director of the victim limited liability company D with the third floor of the building in the Gunsan City from November 2009 to January 201, 201, who is in overall charge of the above business affairs of the company.

On July 2010, the Defendant borrowed two promissory notes with a face value of KRW 500 million and face value of KRW 50,000 from the F Representative G of the Co., Ltd. for the purpose of operating funds of the said Co., Ltd., and had the Defendant keep them in custody on behalf of the victim around that time.

On August 18, 2010, the Defendant issued one of the two promissory notes at a discount in cash and used them for personal purposes, with a view to using them for the construction cost of civil engineering works for which the Defendant had personal progress. On August 18, 2010, the Defendant received KRW 47 million in cash at a discount and used them for personal purposes.

Accordingly, the Defendant embezzled a copy of the face value of KRW 50 million, which he had been in custody for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses G and I's respective legal statements;

1. Statement of the police statement to J;

1. An investigation report (to listen to I telephone for reference);

1. Previous records before and after judgments: Criminal records, inquiry reports, and application of Acts and subordinate statutes concerning criminal records, investigation reports (Attachment of concurrent records), investigation reports, and investigation reports;

1. Articles 356 and 355(1) of the Criminal Act of the relevant statutory provisions concerning criminal facts (i.e., the selection of fines and the latter concurrent crimes; and (ii) the agreement with G on the discount of bills of this case with regard to the discount of bills of this case is deemed to have been made as the personal debt and substantial damage has been recovered; and (iii) the fact that ratification was made after the use of the discount of bills of this case is deemed to have been obtained by J

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Detention at a workhouse;

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