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(영문) 부산지방법원 2016.11.24 2016고단5356

업무상횡령

Text

A defendant shall be punished by imprisonment for 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

The Defendant was engaged in the delivery and collection of food at the “Ecafeteria” operated by the victim D in the Geum-gu, Busan from August 7, 2016 to August 9, 2016.

On August 9, 2016, the Defendant: (a) around 19:10 on August 19, 2016, on the part of the victim’s market value, used for food delivery in the above restaurant, and kept cash equivalent to KRW 300,000,000,00 for the victim’s own account; (b) on the part of the victim’s business, the Defendant voluntarily consumed the said money by putting on the above Obaba and on the part of the head of the Geum-gu, Busan; and (c) thrown on the part of the victim’s own account of cash equivalent to KRW 1 million

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

"2016 Highest 6172" Defendant was engaged in the delivery and collection of food from September 2015 to September 2015 at the "I cafeteria" operated by the victim H in Busan Y.

On September 24, 2015, around 18:30 on September 24, 2015, the Defendant: (a) was in custody for the victim of cash equivalent to approximately KRW 2 million in the market price of the victim’s possession used for food delivery in the above restaurant; (b) while he was in custody for the victim of the cash equivalent to approximately KRW 3 million in cash after delivery to 1 and food delivery; (c) on the part of the victim, on the part of the victim, on the part of the victim, the Defendant she arbitrarily consumed the said money as living expenses, etc.

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. Statement of the police statement related H;

1. Written statements of D;

1. Seizure records;

1. Application of each statute on photographs;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order [Scope of Recommendation] Type 1 (100 million won) (10 million won) (1 to 10 months) (2) is not subject to punishment or significant portion.