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(영문) 수원지방법원 2018.06.22 2017고단7582

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 4, 2015 to April 25, 2017, the Defendant worked as an employee at the “E convenience store” operated by the victim C victim D, and has been engaged in the sale of goods and the management of convenience stores.

On October 20, 2016, the Defendant used 6,935,000 won of convenience store sales for the personal purpose of the Defendant, such as payment of the card value by the Defendant, while he was in custody for the victim on his duty at the convenience store.

From around that time to April 25, 2017, the Defendant consumed 13,164,320 won of the sales of convenience stores, which had been kept in business for the victim by the same method six times in total, as indicated in the list of crimes attached hereto, in mind, and consumed the cultural merchandise coupon worth KRW 5,800,000, in mind.

Summary of Evidence

1. Statement by the defendant in court;

1. A second-time suspect examination protocol against the accused;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on contract for work of spat, resumes, loan certificates, cash reporting, and current status of inventory payment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Business Embezzlement] Class 1 (100 million won or less) of the mitigated area (-10 months or less), the amount of money and valuables embezzled by the defendant (in the amount of money and valuables embezzled by the defendant), five million won among them, and the remainder is agreed upon on the installment repayment condition that the injured person shall not be punished by the defendant, and the conditions of sentencing such as the defendant's age, sex behavior, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be determined as per the order.