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(영문) 전주지방법원 2016.05.26 2016고단187

업무상횡령

Text

The defendant is sentenced to 4 months of imprisonment and 14-21 times of the above table for each crime described in the crime list 1-13 times a year.

Reasons

Criminal facts

[Criminal Records] On November 20, 2014, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Jeonju District Court, and the judgment became final and conclusive on the 28th day of the same month.

[2] The Defendant is a person in charge of the delivery and collection of alcoholic beverages from the Defendant’s limited company B, which sells alcoholic beverages, etc. to the Defendant during the period from February 2, 2010 to September 2, 2015.

On February 27, 2013, the Defendant received the amount of KRW 2,000,000 from the proprietor of the above restaurant business, and used the amount of KRW 2,00,000 for the victim company, which was personally stored in the business for the victim company.

In addition, from around that time to May 30, 2015, the Defendant received a total of KRW 65,206,000 in total from 21 times in the following methods, as indicated in the list of crimes, as alcoholic beverages, and embezzled it as an individual, while keeping it in business for the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transactions, etc.;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment of a judgment attached), previous conviction in disposition, and reporting of the results of confirmation;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense (elective of imprisonment);

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) [the crime described in the table of crime Nos. 1 through 13 times a year in the judgment and the violation of the Punishment of Violences, etc. Act (injury to a group, deadly weapon, etc.) in which judgment becomes final and conclusive];

1. The fact that the defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are divided into his/her own mistakes is more favorable circumstances, but the period of the crime is long, the amount of the crime is not specified, and the damage is not recovered.

The character, behavior and career of the defendant, and the list of crimes in the ruling 1-13 times a year.