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(영문) 전주지방법원 군산지원 2016.11.18 2016고단868

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who was in charge of business and supply of goods in the “C”, which is an internal retail store operated by the victim B from August 1, 2012 to December 31, 2014.

On December 26, 2012, the Defendant collected KRW 300,000 from the “E” business owner located in Sinpo City D, and consumed the amount for personal use, such as living expenses, around that time, while keeping it for the victim.

From around that time to December 2014, the Defendant spent 25,082,00 won in total for the supply of goods stored for the victim for personal purposes by making a sum of 38 times as shown in the attached list of crimes.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The decision on the suspended sentence under Article 62(1) of the Criminal Act that there is no basic area (4 to 1 year and 4 months) [the decision on the suspended sentence] (the decision on the suspended sentence] under Article 62(1) of the Criminal Act, taking into account the amount of damage, circumstances of the crime, period of the crime, etc. (the decision on the suspended sentence shall be sentenced to a suspended sentence of two years for a period