(영문) 대구지방법원 2016.06.09 2016고단1470

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(영문) 대구지방법원 2016.06.09 2016고단1470

업무상횡령

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant: (a) was an employee in the “D gas station” located in Daegu-si, North Korea-gu; (b) was placed in the name of the Defendant at the request of E, a substantial operator of the said gas station; (c) was placed in the name of the said gas station under the name of the Defendant; (d) the Defendant reported that E properly lent the registration name of the Defendant to the Defendant and used credit cards issued under the name of the Defendant without permission; (b) but (c) by using the fact that the head of the said head of the Tong managed in the said gas station is entirely the name of the Defendant, the Defendant reported the loss of the said head of the Tong and received a re-issuance of the said head of the Tong to arbitrarily withdraw the amount of the gas station from the head

Therefore, the Defendant, at around October 20, 2014, embezzled the sum of the sum of the sum of the sum of the sum of KRW 15,233,00 won from the head of the Tong in the above 7 times from October 24, 2014 by withdrawing from the operator of the above 10,000 won of the head of the Tong the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of KRW 15,233,00 from the head of the Tong in the above 178.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of passbook transactions, lease contract, application of Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

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

1. The basic area (one to three years) (one year) based on the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, and the basic area of the punishment (the amount between KRW 100 million and KRW 500 million)

2. Considering circumstances - favorable circumstances: reflectivity, while the defendant runs away after the crime in this case, the wife of the defendant is faced with difficulties in living.

참조조문

-형법 제62조 제1항

-형법 제355조 제1항

-형법 제356조

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