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(영문) 의정부지방법원 2015.08.26 2015고단2328

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, from December 19, 2014 to February 20, 2014, was engaged in the business of selling goods and storing sales proceeds, as an employee of the victim C’s convenience store located in Dongdaemun-gu Seoul Metropolitan Government.

On December 20, 2014, the Defendant: (a) around 02:50 on December 20, 2014, while taking custody of the sales price, etc. of goods from customers on behalf of the victim at the convenience store, 5,000 won in cash was embezzled by using them voluntarily as the Defendant’s living cost, entertainment cost, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of CCTV Acts and subordinate statutes;

1. The scope of the comparative sentence with the applicable legal provision on the crime, Articles 356 and 355(1) of the Criminal Act regarding the selection of the punishment, the grounds for the sentencing [the scope of the punishment of imprisonment] [the scope of the punishment of a defendant] 1 (100 million won] that there is no basic area (4 to 1 year and 4 months): Imprisonment with prison labor: April 1 and 14 [the decision of the sentence] that is unfavorable for a period of four months: (4) months to four months; (4) a person was committed by taking advantage of his personal trust relationship while employed by the victim; (3) a person was committed; (4) a person was not under agreement with the victim; and (4) a person was not recovered from the victim; (4) a favorable circumstance: the number of damage suffered by the victim; (3) the defendant’s age, character and behavior, intelligence and environment; (4) relationship with the victim; (5) motive, means and consequence of the crime; and (4)