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(영문) 제주지방법원 2016.02.03 2015고단1728

업무상횡령등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The Defendant, a business embezzlement from July 12, 2010 to June 10, 2015, has been engaged in the sales and collection business of the said company as a business member of the “D”, which is a cryc and original retail distributor of the victims C (54 years old) adjacent to Jeju-si, Jeju-si (54 years old).

On June 16, 2011, the Defendant collected 1,2820,000 won from “F” located in Jeju-si, Jeju-si, and used part of the amount for personal purposes such as personal debt repayment at around that time.

From around that time to July 31, 2015, the Defendant arbitrarily consumed the total amount of KRW 75,549,400, which was kept in business for the victim and embezzled, from the place of Jeju city to the same 26 times, such as the list of crimes in attached Table (1).

2. A thief on December 27, 2013, the Defendant: (a) committed theft by carrying 8,031,000 the victim’s market value in excess of the supply volume on the day he/she should transport at the cooling room of the “D” on the same day; (b) on the vehicle, he/she committed theft by carrying thief in the vehicle.

From around that time to May 25, 2015, the Defendant stolen the horses and ducks in total amounting to 31,930,900 won in the market price by the same eight times, as shown in the list of crimes in the attached Table (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transactions of each passbook;

1. Application of Acts and subordinate statutes to evidential materials (two separate books);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Comprehensively Articles 356 and 355(1) (the point of occupational embezzlement) of the Criminal Act and Article 329 (the point of intention) of the Criminal Act. Selection of imprisonment with prison labor;

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

1. Suspension of execution: It is so decided as per Disposition for the reasons under Article 62 (1) of the Criminal Act or more;

Type 1 of embezzlement and breach of trust crime for the reason of sentencing, mitigation area: - thief and mitigation area, such as abandoned water in October: -6 majority of offenses: the favorable circumstances for January 1: