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(영문) 서울동부지방법원 2016.08.09 2016고단1072

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From March 2011, the Defendant has been engaged in the business of selling household and collecting money of the victim company as a sales member of D's store in Gangdong-gu Seoul Metropolitan Government.

On February 4, 2015, the Defendant sold Maz 4, E, and collected KRW 2,080,000 from sales proceeds to E, and used the Defendant’s personal debt repayment and return of the amount already embezzled in Seoul City as a matter of mind at KRW 2,08,00 for the victim’s company.

From that time until April 1, 2015, the Defendant consumed a total of KRW 38,230,000 in the same way, such as the list of crimes in attached Form 13 times.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The details of C Financial Accidents, the sales contract, and each C Sales Data ( February 2015, March 2015), applying statutes;

1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) (Selection of Imprisonment) of the same Act as to the applicable criminal facts;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for a period of April to April 1 (less than 100 million won) basic area (from April to April 1) - No person who has no special sentencing factor:

3. Determination of sentence: The sentence shall be determined in the same way as the order is comprehensively taking into account the conditions of sentencing as shown in the trial process of this case, such as the defendant's age, sexual conduct and circumstances before and after the commission of the crime, under six months of imprisonment.

The favorable circumstances - All crimes are recognized from investigative agencies to this court.

- It is an initial crime that has no power to commit the crime.

Unfavorable circumstances - The amount of occupational embezzlement reaches 3,8230,000 won, and a considerable portion of the damage has not been recovered.

- The victim is punished for the defendant, and the defendant submitted the title "written agreement" on June 30, 2016, but the content thereof is the defendant.