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(영문) 대구지방법원 2015.11.12 2015고단4799

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From February 1, 2013, the Defendant has been working as the head of the food materials team in the victim Dmart Co., Ltd. located in Daegu North-gu, Daegu-gu, and has been engaged in the sales and collection of goods.

On April 3, 2014, the Defendant sold food materials to a customer who did not sell them normally, and received the money of KRW 544,900 from the Defendant to the account of an employee E working in the same Et and received the money of KRW 544,900 from the Defendant. At around that time, the Defendant arbitrarily consumed food materials for personal purposes, such as entertainment expenses, from a worker in Daegu City.

From around that time to May 12, 2015, the Defendant arbitrarily consumed the total of KRW 105,498,430 by the same method over a total of 76 occasions, such as the list of crimes in the attached Table.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, G, or E;

1. Each police statement of H and H;

1. Arrangement of details of transactions by account and account transactions by account;

1. The application of Acts and subordinate statutes to each investigation report (related to items denied by a suspect in the list of crimes, hearing of the complainant H statements and list of crimes);

1. There is no basic area (1 to 50 million won or more) (1 to 3 years), the pertinent legal provision on criminal facts, Articles 356 and 355(1) of the Criminal Act (including occupational embezzlement, including occupational embezzlement), the grounds for sentencing choice of imprisonment [the scope of recommending punishment] 2 types (1 to 50 million won or more) (1 to 3 years) of the basic area (1 to 10 million won or more] [the decision of sentencing] / the amount embezzled by the defendant exceeds 10 million won, and the defendant has not taken any measures for recovery from damage

However, the period of punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the Defendant’s late and reflects the mistake; the Defendant is the primary offender; the motive, background, means and methods of the instant crime; the circumstances before and after the instant crime; the Defendant’s age, character and behavior, career, environment, etc. as shown in the instant argument.