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(영문) 울산지방법원 2016.09.02 2016고단1802

업무상횡령

Text

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

Reasons

Punishment of the crime

From December 29, 2011 to February 29, 2016, the Defendant, as a business member of C (Representative D), a victim corporation in Ulsan-gun B, Ulsan-gun, was engaged in the sales and collection of alcoholic beverages of the victim company.

around January 4, 2016, the Defendant received 207,00 won of liquor from F to the deposit account (H) in the name of the Defendant from the Gju-gun in Ulsan-gun, Ulsan-gun, to store it for the victim company, and used it for personal purposes, such as living expenses, etc. in Ulsan-si around that time.

In addition, from around that time to February 29, 2016, the Defendant consumed the total of 57,191,799 won in the same way through the same method 161 times, such as the annexed crime sight table.

Accordingly, the defendant embezzled the victim's property on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Second police suspect interrogation protocol against the accused (including substitute part);

1. Statement of the police officer to I;

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

1. Grounds for sentencing under Articles 356 and 355 (1) of the Criminal Act, comprehensively including the relevant legal provisions and the choice of punishment for the crime;

1. The recommended type of punishment [decision of type] the embezzlement and breach of trust of the first category (less than KRW 100,00) [the scope of recommendation] [the scope of punishment] 4 months to 1 year and 4 months (basic area] : Where the crime of embezzlement is committed [the punishment of suspended execution] / suspended execution (comprehensive comparison and evaluation of the reasons for suspended execution ] - The reason for suspended execution (comprehensive comparison and evaluation of the reasons for suspended execution) - The reason for negative general participation (0) - The reason for negative general participation (3): The one for the same kind of crime, repeated crime, no effort to recover damage? There is no criminal conviction or more than the suspension of execution;

2. Amount of embezzlement as to the degree of violation of the duties that embezzlement has been conducted while in charge of collection duties that require high trust relationship with the matters to be additionally considered;

3. Six months of imprisonment with prison labor for a sentence;