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(영문) 부산지방법원 동부지원 2014.03.26 2013고단2971

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 24, 2011, the Defendant was sentenced to imprisonment with prison labor for occupational embezzlement in the Busan District Court on the part of June 24, 201, and on August 6, 2012, the Defendant completed the execution of the sentence in the Busan Correctional Institution.

2. Criminal facts;

A. From August 7, 2013, the Defendant, as the delivery source of “E” operated by the victim D in Suwon-gu, Busan, was engaged in the delivery and collection of the said restaurant.

At around 12:30 on August 7, 2013, the Defendant used food delivery to the F apartment in Suwon-gu, Busan, and 40,000 won received in advance of delivery and 20,000 won of food delivery for the victim. At that time, the Defendant consumed the food delivery for personal use, such as inn's fee, in mind, at the LOgu, Busan.

Accordingly, the defendant embezzled the victim's property.

B. On August 4, 2013, the Defendant used “I” operated by the victim H in Geum-gu Busan Metropolitan Government G to engage in delivery and collection work by disguised employment as delivery source. On the same day, around 13:00 of the same day, the Defendant embezzled cash of KRW 100,000 in cash received from the above JJ for the victim’s personal purpose while engaging in the work for the victim’s personal purpose.

In addition, from around that time to August 15, 2013, the Defendant, as indicated in the attached list of crimes, employed a restaurant with a total of 6 military teams in disguised employment as a delivery source, and embezzled total of 670,500 won, such as money collected, while delivering food in the same way.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement on D, K, L, M, and N;

1. A written statement of theO;

1. Reports on internal investigation (collection of stolen soil and rocks and addition of damaged articles);

1. Previous convictions indicated in judgment: Criminal history records, probationary records, results of confirmation of the previous disposition, application of Acts and subordinate statutes to investigation reports (attached to the current status of personal identification and expropriation);

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. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;