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(영문) 대전지방법원 2013.06.21 2012고단685

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The Defendant, from October 2003 to June 10, 201, has been engaged in the business of selling food and fund management of the said branch as the G branch accounting staff of the Seo-gu Daejeon F victim Daco Co., Ltd.

From January 2, 2009 to June 10, 201, the Defendant deposited KRW 34,210,500, and KRW 14,157,140,00 in cash sales, such as cash sales, such as on-site sales and credit recovery, at the above branch office, on behalf of the victim, and embezzled arbitrarily consumed and embezzled for personal purposes, such as using credit card payment, without remitting to the head office.

Summary of Evidence

1. The defendant's testimony at court and each legal statement of H and I;

1. The prosecutor's protocol of interrogation of the accused at the prosecution H;

1. Each police statement made to J and I;

1. Application of Acts and subordinate statutes to the accusation, evidentiary documents, such as the current status of application for food rights, evidentiary documents, etc., identification card sales and collection status, investigation report (Attachment to suspect's audit report), confirmation of amount used, cards of use of credit cards, etc., statement of use of slot cards, detailed statement of account deposit transactions, evidential documents such as the current status of deposits in each savings account, G branch's food ticket sales and comparison table, Araco identification system, records of receipt and deposit of accounts at each time of Araco identification system, details of deposits at each head office'

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Although the criminal liability of the defendant for the crime of this case in the reason of sentencing under Article 62(1) of the Criminal Act is not minor, there are various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstance after the crime, etc.