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(영문) 제주지방법원 2016.03.09 2015고단1672

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From February 2014, the Defendant has been working as a manager at the “D” restaurant operated by the victim C in Jeju-si from February 2, 2014, and has overall control over the operation of the restaurant and the collection of money.

1. On July 1, 2014, the Defendant collected 300,000 won from customers in the above D restaurant, and kept in custody for the victim during the course of business, and used at work within Jeju City as Internet gambling at around that time, from around that time to that time, the Defendant arbitrarily used it as Internet gambling.

7. By the time of March 31, 200, a total of 7.65 million won was embezzled at will by using a total of 31 times as indicated in the annexed list Nos. 1 to 31.

2. Around August 13, 2015, the Defendant collected 300,000 won from customers in the above D restaurant and kept in custody for the victim as a matter of course of business at around that time, and used at work within the Jeju City as a personal debt repayment at around that time, as well as from that time, the Defendant arbitrarily used it as a personal debt repayment.

8. Until before December 29, 200, a total of 3,50,00 won was embezzled on 15 occasions, such as the entry Nos. 32 through 48 (excluding No. 34 and 46 a year) in the list of offenses in annexed sheet Nos. 32 through 48.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) (mainly included by item) of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment, respectively;

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

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

1. On the grounds of sentencing sentencing under Article 62-2 of the Social Service Order Criminal Act, the range of sentencing guidelines [the scope of sentencing guidelines (the group of embezzlement and breach of trust crimes, the category 1 (less than KRW 100 million), the basic area, the period of imprisonment from April to April], and the following circumstances are considered, which are favorable to the determination of punishment as ordered: recognition of and reflect on the facts of the crime; and unfavorable circumstances that have no record of criminal punishment: (a) the crime of occupational embezzlement as stated in Article 62-2 of the Social Service Order Act was discovered to the victim; and (b) the crime of occupational embezzlement as stated in Article 62-2 of the Decision is committed after