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(영문) 대구지방법원 2017.05.16 2016고단6342

업무상횡령

Text

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

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

Reasons

Punishment of the crime

From January 2013 to June 2015, the Defendant is a person who works as a staff member of the victim’s “D” Switzerland operation, a company taking pictures for the growth of infants located in Daegu Suwon-gu B, and was in charge of affairs, such as assistance in photographing in Switzerland, attracting customers, and managing the collected photographs.

Around May 3, 2014, the Defendant received KRW 350,000 from Switzerland, a customer, for the purpose of shooting, and embezzled it by using it for personal purposes, such as his/her debt repayment and living expenses, around that time.

In addition, from that time until June 14, 2015, the Defendant embezzled the Defendant’s arbitrary use of KRW 41,978,000, which was issued to the customers of the above Switzerland, for a total of KRW 131 times as shown in the list of crimes in the separate sheet of crimes, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to file a complaint and report on investigation (Submission of Materials by complainants);

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the scope of the recommended punishment [the types] below 100 million won [the scope of the recommended punishment] (the area of recommendation and the scope of the recommended punishment] and the basic area of the recommended punishment, April to April, and April.

3. The fact that the total amount of embezzlement continues to be committed for a period of not less than one year and the amount of embezzlement has not been agreed with the victim. However, considering the fact that the victim recognized the crime and deposited 25 million won, which is a part of the embezzlement for the victim, and that the victim has continuously endeavored to pay for the damage in the future, the fact that there is no criminal history, the defendant's age, sex behavior, criminal records, and circumstances after the crime are considered.