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(영문) 대구지방법원 2018.09.14 2018고단1382

업무상횡령

Text

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

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, from October 2015 to October 2017, worked as a store for a golf clothes shop operated by the victim B located in the Gyeongdong-gun, Gyeongdong-gun, the Defendant was engaged in the business of selling clothes.

From February 2, 2017 to April 2017, the Defendant sold 3 punishments to male visitors who visited the said place in the said golf clothes shop, and received 447,000 won from the money and kept in custody for the victim. Around that time, the Defendant consumed personal use, such as living expenses and repayment of debt, in mind, in the Daegu City, from that time, from that time, he consumed 59,180,600 won in total by the same method until September 201 of the same year, as indicated in the list of crimes in the attached Table, and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Application of Acts and subordinate statutes to the head of a complaint, inventory inspection table, list 1, 2 and 3 of crime inundation, and number of excess or excess of actual inspection of stocks in D;

1. Articles 356 and 255 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The amount of damage on the grounds of sentencing in Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss an Application for Compensation Orders reaches KRW 59 million, and the amount of damage on the grounds of sentencing has not been recovered from considerable part of damage, the Defendant’s violation of a fine, the Defendant’s violation of a fine, the Defendant’s absence of criminal conviction, the Defendant’s age, sex, environment, motive and circumstances after the crime, etc. shall be determined as ordered by taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sexual behavior, and environment, and the motive and circumstances after the crime.