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(영문) 부산지방법원 동부지원 2012.06.28 2012고단2083

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. The Defendant engaged in occupational embezzlement against the victim C, who works as an employee, in the restaurant of “E” operated by the victim C in Busan Y-gu, Busan Y as an employee, and engaged in food delivery and collection business.

On December 201, 201, the Defendant spent 460,000 won of food collected from customers during the first day on December 21, 201, while working for the victim, the Defendant used the above money for personal purposes, such as living expenses.

Accordingly, the defendant embezzled the victim's property.

2. From April 30, 2012 to May 2, 2012, the Defendant engaged in food delivery and collection business as an employee in a restaurant in the trade name of “H” operated by the Victim F in Busan-gun G from around April 30, 2012 to around May 2, 2012.

At around 19:00 on May 2, 2012, the Defendant consumed the above money for personal purposes, such as living expenses, while keeping 210,000 won from customers for the victim on duty.

Accordingly, the defendant embezzled the victim's property.

3. The Defendant engaged in occupational embezzlement against the victim I while working as an employee in the restaurant of “K” operated by the victim I in the Busan Eastdong-gu, Busan as an employee.

At around 21:00 on May 13, 2012, the Defendant used the above money for personal purposes, such as living expenses, while keeping 277,500 won from customers during the day for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of each police protocol of statement to F, C, and I;

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

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