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(영문) 대구지방법원 서부지원 2013.07.16 2013고단235

업무상횡령

Text

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

Reasons

Punishment of the crime

From October 1, 2009 to December 2, 2012, the Defendant was engaged in the business of supplying goods to the Customer while working in the “E” located in Daegu North-gu D, Daegu, which was operated by the Victim B and C as a business employee, and collecting the price.

around October 209, the Defendant supplied goods to the “G cafeteria” located in Daegu, a business partner, and collected 2 million won for 14 times, and then arbitrarily consumed for the victims for their personal purposes on and around the 30th of the same month, and around that time, from around June 13, 201, the Defendant collected total of KRW 81,424,00 from total 37 business partners to total of KRW 81,424,00 from total of 37 business partners and arbitrarily consumed for their personal purposes at around that time.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (as to attachment of a transaction paper);

1. Article 356 and Article 355(1) of the Criminal Act regarding criminal facts and Article 356 and Article 355(1) of the Criminal Act regarding the choice of punishment, the scale of damage to the grounds for sentencing of imprisonment, the defendant’s repayment of KRW 23,437,160 prior to retirement, 1,940,00 in court proceeding to the victim, and the defendant’s age, family relation, criminal record, criminal record relation, motive of the crime, circumstances after the crime, and all other conditions of sentencing as shown in pleadings shall be comprehensively considered, and the sentence shall not be taken into consideration that