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(영문) 광주지방법원 2015.04.01 2014고단4676

업무상횡령

Text

A defendant shall be punished by imprisonment with prison labor for four 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 is a person who works in Seo-gu, Seo-gu, Seoul as a business employee in the “E” operation of the victim D in Gwangju and has been engaged in the sales and delivery of alcoholic beverages and sales proceeds.

On December 27, 2007, the Defendant supplied alcoholic beverages, such as mountain routing, to a general restaurant in the trade name of "F" located in Gwangju-gu, Gwangju-gu, and embezzled 128,000 won, which was received from the owner of the above restaurant's business, and kept in his/her business for the victim.

In addition, from that time until July 7, 2008, the Defendant: (a) collected total of KRW 13,105,000 on a total of 85 occasions as indicated in the attached Table of Crimes; and (b) embezzled the amount of money temporarily stored for the victim, which was consumed by the Special Self-Governing Province of Gwangju for living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts (the point of each business embezzlement and the choice of imprisonment);

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Article 62(1) of the Criminal Act provides that the basic area of sentencing [Article 62(1) [Article 62(1) of the Criminal Act] [Article 62(1) [Article 62(1) of the Act on the Suspension of Execution [Article 62(1) [Article 62(4) [Article 62 of the Act] [Article 62(1) [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Basic Area (Article 4-1 year and April 4] [Article 62 of the Act on the Determination of

It is so decided as per Disposition for the above reasons.