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(영문) 수원지방법원 2015.09.17 2015고단2360

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Around August 25, 2014, the Defendant: (a) supplied and sold clothing from the Victim Co., Ltd. D; and (b) entered into a consignment sales agreement with the victim to receive a sales commission; (c) sold clothing owned by the victim in C from around that time until November 18, 2014.

However, from October 1, 2014 to November 18, 2014, the Defendant sold the clothing owned by the victim in cash, and then arbitrarily consumed without registering sales, or embezzled 42,197,000 won, without paying to the victim, by registering the sales proceeds of other clothing stores managed by the Defendant as the sales proceeds of other clothing stores.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the notes, C event settlement;

1. The grounds for sentencing under Articles 356 and 355(1) of the relevant Act regarding criminal facts [the scope of recommending punishment] [the grounds for sentencing under Article 356 and Article 355(1) of the Criminal Act [the scope of recommending punishment] [the person who is a special offender] has no basic area ( April to January 14) [the decision of sentencing] [the amount of embezzlement] while the amount of embezzlement is large while the damage is not recovered at all, and the criminal records resulting from property crimes fall under three cases (the suspended sentence of imprisonment with prison labor] shall be sentenced to imprisonment.

The period of imprisonment shall be four months, which are the lowest limit of the above recommended sentence, in consideration of various circumstances that serve as the sentencing conditions, such as the fact that the defendant reflects, the actual amount of damage is deemed to be 21,874,500 won.