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(영문) 대전지방법원 천안지원 2013.09.27 2013고단1011
업무상횡령
Text

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

Reasons

Punishment of the crime

[Criminal Power] On June 19, 2009, the Defendant was sentenced to eight months of imprisonment for occupational embezzlement in the support of the Daejeon District Court, Daejeon District Court for the crime of occupational embezzlement, and on November 30, 2009, the paroled on November 30, 2009 during the execution of the sentence and passed on December 29, 2009.

【Criminal Facts】

From January 1, 2010 to August 16, 2010, the Defendant, as a business member of limited partnership D, a victim in Seoan-gu, Seoan-gu, Seoan City, Seoan-gu, Seoan, has been engaged in the sales of alcoholic beverages and the collection of proceeds by the said company.

From the beginning of March 2010 to August 16, 2010, the Defendant collected KRW 2,973,500 from “F” located in Seo-gu, Seoan-gu, Seoan-gu, Seocheon-si, and did not deposit the said liquor with the company while carrying out business for the said company, and used the said liquor for personal purposes, such as entertainment expenses, living expenses, and Internet game gambling funds, around that time.

In addition, the Defendant embezzled total of KRW 27,124,654 by the same method from Japan to 58 times as indicated in the annexed crime sight table between the first patrolman from March 2010 to August 16, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police station and prosecutor's office statement concerning G and H;

1. Complaint;

1. Each investigation report and investigation report;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Determination of Punishment] 100 million won [Special Aggravation of Embezzlement] - The area of aggravation of repeated crimes of the same kind [Determination of the recommended area] / The scope of punishment / [Determination of the recommended area] 10 to 2 years / 8 months / 8 months : Imprisonment with prison labor for the same crime against the same victim and committing the same crime again within a short time even after the execution of the sentence is completed, and the damage from the crime of this case is not recovered because the amount of damage caused by the crime of this case exceeds 27 million won.

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