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(영문) 광주지방법원 2017.09.06 2017고단1250
횡령
Text

The punishment of the accused shall be determined by ten months of imprisonment.

Reasons

Punishment of the crime

The defendant is a person who operates a wholesale and retail business C in the private water market.

On August 13, 2016, the Defendant: (a) received a request from H, the head of the headquarters of the Victim G Co., Ltd., to “to pack 3,150km and deliver it to the J in I; and (b) received the request from H, the head of the headquarters of the Victim G Co., Ltd. to keep the above civilian water storage.”

However, at around 10:00 on August 19, 2016, the Defendant, without delivering it to the above J, distributed 3,150 km g of the civilian goods package c,150 km, and arbitrarily delivered 900 km g of the L in the former transaction partner of the Defendant, to the M of the operation of the L in the former transaction partner of the Defendant, and 900 g g of the former N managementO located in the former North Chang-gun, and the balance 1,350 g g of the P operation in the former North Chang-gun, and the balance 1,350 g g of the P operation in the former North Chang-gun.

As a result, the Defendant embezzled the total amount of KRW 3,150 kgs total of KRW 85050,000,000 owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of H;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A report on investigation ( telephone call with an reference witness);

1. Each internal report (with respect to the submission of sales invoices, with respect to S statements, with respect to the N Telephone call, with respect to the N Telephone call, with respect to the R telephone call, and with respect to the sales invoice attached thereto) and attached thereto.

1. A certificate for all matters to be registered (in cases of investigation records 69 pages);

1. A written agreement on the performance of supply and sale of civilian water;

1. The Defendant sent a text message photograph (in accordance with each evidence indicated in its holding, the Defendant, at the delegation of H, the head of the victim’s headquarters, to pack up the fish in the fish farm and was carrying out the work to board the cargo vehicle; H sent a text message to the Defendant, “on August 19, 2016, he sent the Defendant, who was on the fish farm located in the Nam-gun located in the Nam-gun, Nam-gun, Seoul Special Metropolitan City, to I for the purpose of carrying out the work, such as a charge packing at around 10:21 on August 19, 2016, and sent the Defendant, who was on the day after sending the text message to the military for a large amount of time, and sent the language to the small amount of time on the day.” On the same day, 13.

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