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(영문) 수원지방법원 2016.06.09 2015고단4692

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 201, the Defendant has been engaged in the delivery of the victim's home delivery and the receipt of the cost of home delivery by the director of the business office of Logwon Co., Ltd. from around the victim.

On February 2, 2014, the Defendant used 2,562,344 won, excluding his/her share of expenses, from among the cost of selective distribution that he/she received from customers at the business office of Youngwon Co., Ltd. in Youngwon-si, Suwon-si, for personal purposes, such as personal debt repayment, around that time.

In addition, the Defendant consumed the total amount of KRW 49,701,778 by the same method over 11 times, as indicated in the list of offenses, from around that time to December 2014.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written complaint (including attached documents);

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 356 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] Type 1 (less than 100 million won) basic area ( April-1 year and April) [the person subject to special sentencing] [the decision subject to special sentencing] [the amount of damage caused by the instant crime is less than the amount of damage.]

Although it is not possible to do so, it seems that the defendant committed the crime in this case in order to meet operating expenses, etc. due to the aggravation of management situation while concluding an entrustment contract with the victim and operating a door-to-door business office, considering the circumstances, the defendant's mistake is recognized and divided, the defendant has no criminal history of punishment, and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex behavior, environment, etc., should be considered.