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(영문) 울산지방법원 2014.07.17 2014고단1054

업무상횡령등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 29, 2014, the Defendant, while working as an employee in the EPC room operated by the victim D located in the Dong-gu Busan Metropolitan City, Busan Metropolitan City, had 480,000 won in cash, which was kept in his/her custody for the victim, and embezzled by arbitrarily using them as living expenses, etc. from the daily members of the Busan Metropolitan City, around 21:27 of the same day.

2. On April 4, 2014, the Defendant stolen KRW 727,00,00, in cash owned by another employee, who was waiting for the victim to have an interview at the H convenience store operated by the victim G in Yangsan-si F before working as an employee of the convenience store. In order to view the interview, the Defendant stolen KRW 727,00,00, in which other employees were waiting for the victim to have a locked place in the locker’s depository.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Photographs, records of calculation of details of damage, and details of settlement of accounts;

1. A report on internal investigation (verification of site parking lots, CCTV images, etc., submission of a detailed statement of damage, and correction of the amount of damage);

1. Application of Acts and subordinate statutes to criminal investigation reports (victim D telephone communications);

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 329 of the Criminal Act, the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for probation and community service order are as follows: Class 1 (Embezzlement and Breach of Trust) (Scope of Recommendation) is mitigated (100 million won) (one month to October), the mitigated area of punishment (10 months), or where significant damage has been recovered, the scope of Recommendation / [the scope of Recommendation ] the mitigated area (1 month to six months), the mitigated area (1 month to six months), the mitigated area of general property (1-month) (1-6 months): the final sentencing due to the aggravation of the aggravated punishment of multiple total offenders who are not subject to punishment: one month to one year [Pronouncement Decision] and one year to one year [Pronouncement Decision], and the fact that the person was sentenced three times to three times a fine for the same larceny has yet to be disadvantageous, but is still disadvantageous.