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(영문) 서울동부지방법원 2014.04.10 2013고단3429
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around June 1, 2006 to June 1, 2013, the Defendant was engaged in the consignment sale of goods for large events, such as (B) Bara 406, while operating (B) Dara 406.

On January 25, 2013, at the above state office, the Defendant sold goods to the victim D for seven (7) Turkey traveling nine (25) million won to Turkey, and paid the down payment of twenty-five (25 million won) won to the victim, and embezzled by arbitrarily using the remainder of twenty three (23) million won to the victim during his/her business custody.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to the details of passbook transactions;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

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

1. The scope of the sentence recommended by the sentencing guidelines [decision of type] Embezzlement Embezzlement (decision of less than 100 million won) [decision of the recommended field] mitigated area (damage recovery of damage from the upper part] [the scope of the sentence of recommendation] not more than 10 months;

2. In light of the fact that there is no agreement with the victim on the sentence of sentence, it is necessary to strictly punish the defendant. However, considering the fact that the defendant is led to confession and reflect, there is no record of punishment that the defendant has been punished or has been sentenced to a fine exceeding the same kind of crime, substantial damage is not large and substantial damage has been recovered with partial repayment of the defendant and compensation by the Korea Tourism Association, and the conditions of sentencing prescribed in Article 51 of the Criminal Act, the sentence shall

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