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(영문) 수원지방법원 2019.04.30 2018고단7436
업무상횡령
Text

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

Reasons

Punishment of the crime

From February 24, 2014 to July 21, 2018, the Defendant is the store of the Victim C Goo farm Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Jinju City Co., Ltd., Ltd. (hereinafter “victim Co., Ltd.”), and has been engaged in business affairs to be deposited in the Company while managing the selling price of meat received from customers.

Around November 18, 2014, the Defendant: (a) had been in custody for the said victim’s company while selling 179,000 won from the above victim’s company’s office to D; (b) had been in custody for the said victim company; (c) around that time, the Defendant consumed 179,000 won for personal use, such as entertainment expenses, according to mind, at the cost

From around that time to March 5, 2018, the Defendant collected KRW 57,151,120 in total from the Jinju city through the same method 197 times, such as the list of crimes in the attached Table, and consumed a considerable amount of that amount in mind while working for the said victim company.

Accordingly, the defendant embezzled the property of the victim company, which was under custody in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as the admission and withdrawal of suspects;

1. The relevant Article of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment with prison labor, and the grounds for sentencing;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations] basic area, imprisonment with labor for April through April 14 months;

2. The crime of this case by which the Defendant, while serving as the store store of livestock products, embezzled totaling KRW 57,151,120, such as the price for meat sales received from customers for a long time, and the nature of the crime is not good. The Defendant did not agree with the victim, and even if considerable time has elapsed after the crime, most damage has not been recovered until now.

However, the defendant.

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