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(영문) 대전지방법원 천안지원 2015.11.27 2014고단1024
업무상횡령
Text

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

Reasons

Punishment of the crime

From October 2007 to July 2013, the Defendant was engaged in the delivery and receipt of alcoholic beverages from the victim limited partnership company C in Yannam-gu, Dongnam-gu.

On April 25, 2013, the Defendant embezzled 79,92,900 won in total by using the same method 58 times from July 2013, as indicated in the list of crimes, while keeping alcoholic beverages in custody at “Eju” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, with a sum of KRW 1.5 million for personal purposes.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police officer on F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor) in relation to the relevant criminal facts;

1. Application of the sentencing criteria [Determination of types] Embezzlement and breach of trust: Type 1 (less than KRW 100 million) (Determination of the recommended field] basic area, period of four months to one year and four months;

2. A sentence shall be sentenced inasmuch as the Defendant’s decision-making on sentencing had concealed his whereabouts without any effort to pay any damage, even though the amount embezzled for three months almost KRW 80,000,000,000.

Provided, That the punishment shall be determined in favorable consideration of the fact that the defendant has been punished twice by a fine, etc.

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