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(영문) 수원지방법원 2017.11.20 2017고단6089

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, from May 12, 2016 to January 19, 2017, is a victim AF manager who was in charge of the sales of goods, such as drones, receipt of payments, inventory management, etc., from the first floor of Yeonsu-gu Incheon Metropolitan City AD, to the victim AE.

On October 15, 2016, the Defendant embezzled the amount of KRW 48,764,60 by arbitrarily consuming the total amount of sales proceeds of goods kept in custody for the AF for the AF from April 2016 to January 15, 2017, as shown in the separate crime list, as well as arbitrarily consuming the amount of KRW 1,60,00 for personal purposes, such as personal debt repayment, while the Defendant received KRW 1,60,000 from the sales proceeds of the goods deposited for the AF and received KRW 1.6 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against AG;

1. Application of Acts and subordinate statutes to certified copies of the corporate register, business registration certificate, details of product cancellation, record, record, quantity of delivery and inventory disagreement, total quantity and inventory disagreement, warrant reply data, and details of settlement cancellation;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the choice of imprisonment for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria [type determination] No basic area of the sum of gains (the sum of less than KRW 100 million) of Class 1 (the sum of the gains of less than KRW 100 million) (the scope of the recommended punishment] (the scope of the recommended punishment]: April to April;

2. Consideration, such as the fact that the nature of the crime is not good in light of the details of the crime to be sentenced, methods and scale of damage, etc., the damage to the victim was not recovered, the agreement has not yet reached, and the defendant has committed a crime of this case, and is against himself.