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(영문) 인천지방법원 2017.01.19 2015고단3015
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person engaged in gas delivery and collection at a gas company called “E” operated by the victim D, etc.

The Defendant: (a) sold gas filled in the course of delivering gas to 50 business establishments, such as F, etc., a trader, from middle to June 2014; and (b) sold gas in the manner of not depositing the sales amount in the company, the following parts in the daily list of crimes in the indictment attached to the crime list in which the sales amount is not deposited in the company; (c) as “-47,000” listed in the net time No. 167; (d) “-97,000 listed in the net time No. 191; (d) “-93,000 listed in the net time No. 290; (e) “-21,000”; and (e) “120,500” listed in the net time No. 375, “120,500” and “120,000, 3075, 307, 3075, 307, 407,” and 57.7.

The sum of 97,869,500 won was embezzled by arbitrarily using them in living expenses, etc. over 490 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Statement made by the prosecution with regard to D;

1. Statement of the police statement related to G;

1. Complaint;

1. Application of Acts and subordinate statutes to investigation reports (the current status of sales by each customer), investigation reports (Attachment to a unit price table, etc.), investigation reports (the contents of office staff H currency) and investigation reports;

1. The reasons for sentencing under Article 356 of the pertinent Act and Articles 355(1) of the Criminal Act regarding criminal facts and Articles 356 and 355(1) of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment) have committed the instant crime against the victim D, etc. over a long-term period of time. It is not good that the instant crime has been committed in light of its applicable law or content, etc.

Although the scale of damage is considerable, damage has not been recovered or agreed.

However, it is reasonable to consider the favorable circumstances such as the fact that the defendant confessions and reflects the crime, the fact that there is no other criminal punishment except the punishment of fines twice due to the violation of the Road Act, and the most supporting the minor's children.

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