beta
(영문) 서울북부지방법원 2018.06.01 2017고단5201

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 became final and conclusive.

Reasons

Punishment of the crime

From July 8, 2015, the Defendant has been engaged in the sale and collection of the headquarters of the said company as a business employee of C, a person who suffered damage in Dobong-gu Seoul Metropolitan Government from around July 8, 2015.

From March 2017 to June 2017, the Defendant collected KRW 5,423,00 from the clothing company E operated by Dongdaemun-gu Seoul Metropolitan Government to collect KRW 5,423,00, and stored for the said company. around that time, the Defendant spent KRW 12,251,600 in total by the same way from the members of the Seoul Metropolitan City to the day of June 2017, as indicated in the list of crimes in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to F;

1. Investigative report (Submission of a certificate of fact of a single-use trader) and a certificate of deposit attached thereto;

1. Application of Acts and subordinate statutes to the details of sales and collection by customer C;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) 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. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act are as follows: (a) the Defendant recognized the instant crime and made a mistake against the Defendant; (b) efforts are made to recover damage; and (c) the circumstances in which the Defendant, alone, supports young children, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (d) the overall conditions for sentencing as shown in the trial process, such as the circumstances after the commission of the crime, shall be comprehensively considered.