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(영문) 대구지방법원 2016.03.24 2015고단5522

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who, from December 1, 2006 to December 1, 2008, worked as a business employee at the D compacting agency operated by the victim C located in Busan Metropolitan City to supply the ice cream to the business partner and is engaged in the business of collecting sales proceeds.

The Defendant, while keeping ice cream, which had to be sold for the victim from January 13, 2007 to December 1, 2008, sold ice cream products to F convenience stores located in Gyeonggi-si, and embezzled a false transaction card as if it were sold more than the actual sales volume, and embezzled an ice cream amounting to KRW 241,513,00 in total of the market value of which was not actually sold at the H ME warehouse located in Busan-si, by voluntarily disposing of it, such as paying salt in lieu of warehouse fees or using it as entertainment expenses, from around that time to December 1, 2008, including embezzlement of the total market value of ice 40,104,040 won owned by the victim, such as the list of crimes in attached Form.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Account transactions;

1. Application of Acts and subordinate statutes to trade cards and certificates of the balance of credit purchase;

1. Articles 356 and 355 (1) of the Criminal Act, and the selection of a punishment by imprisonment, inclusive, with prison labor under Article 356 and 355 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [Scope of the recommended sentence] The mitigated area (one month to ten months) (i.e., a person subject to special mitigation] (a person subject to special mitigation) is not subject to punishment, or major damage is recovered (a decision of sentencing] unfavorable circumstances: The period of the instant crime exceeds one year and the number of crimes is also several times.

The defendant has been sentenced to two times as a crime of fraud.

A favorable normal condition: The defendant repents and reflects his mistake.

According to the agreement with the victim, the injured party wants to take the defendant's wife.

There is no previous offense exceeding a fine.

The age, gender, and age of the defendant.