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(영문) 춘천지방법원 원주지원 2016.06.14 2015고단506

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant has been engaged in food materials delivery and collection business as D staff of the victim C management of the prime city from October 2012 to November 29, 2013.

On September 1, 2013, the Defendant embezzled KRW 5,258,50 in total 11 times from that time until November 26, 2013, a sum of KRW 5,258,500, as indicated in the list of crimes, in a “F” restaurant located in Suwon-si, Seoul, by collecting a sum of KRW 200,000 from the supply price of food materials for personal purposes, such as entertainment expenses, while carrying out business for the said victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Each fact-finding certificate;

1. Data on the details of outstanding amounts;

1. Application of each applicable Act and subordinate statutes in the calendar month;

1. Relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts and the grounds for sentencing [the scope of recommending punishment] Class 1 of the Criminal Code [the scope of recommending punishment] (4 months to 100 million won) in the basic area (4 months to 1 year and 4 months) [the person who is subject to special sentencing] [the decision of sentencing] [the defendant was not recovered from damage caused by the crime of this case] in April], and the defendant has the record of having been punished for embezzlement under the similar veterinary law two times.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.