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(영문) 의정부지방법원 2021.01.27 2020고단2692

업무상횡령

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

From May 25, 2014 to October 29, 2018, the Defendant is a person who has been engaged in the business of selling clothes, settling accounts of sales proceeds, etc. at the Jung-gu Seoul Metropolitan Government shopping mall D'E's clothing store.

On November 7, 2016, the Defendant: (a) sold clothes to “Transaction F”; (b) received KRW 79,000 from “Transaction F; (c) deposited the said money in the Defendant’s G bank account for the victim; (d) used the said money for personal purposes, such as living expenses, etc. around that time; and (e) embezzled total of KRW 25,579,000 on 97 occasions, such as the list of crimes in attached Table, from October 18, 2018.

Summary of Evidence

1. Statement of the police concerning D's statement in the police interrogation protocol of each police defendant concerning the defendant who has made a statement in the court;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a detailed statement of account transactions in the name of a suspect), a certificate of account performance of each member trading account (IA), a certificate of deposit transaction records (G bank), a report on liquidity transaction (J bank), an investigation report (Attachment of POS electronic data, etc.), a list of correction of POS computer, a list of correction of POS computer, a list of undeposited deposits (for example, claims), a statement of account entry and withdrawal, a detailed statement of sales, CCTV analysis data, and data on CCTV analysis;

1. The relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act ( comprehensively referred to as “the grounds for sentencing of imprisonment”) concerning criminal facts;

1. Scope of punishment by law: One month to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the punishment [the scope of the recommended and the scope of the punishment] and the basic area of the embezzlement and breach of trust [the type 1] and the amount of less than 100 million won [the person subject to special sentencing] [the scope of the recommended punishment], four months through one year and four months.

3. The Defendant, who was sentenced to sentence, embezzled money exceeding KRW 25 million for two years, in the victim’s operating clothes store.

In light of the contents, circumstances, amount, etc. of the crime, the quality of the crime is not very good.

(b).