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(영문) 의정부지방법원 2017.03.14 2016고단3881
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From May 20, 2015 to May 20, 2016, the Defendant engaged in store management and commodity price collection business in E-art of the victim D operated in Gyeonggi-si, Gyeonggi-si.

On May 20, 2015, the Defendant: (a) as if the price for the goods was paid by the customer from the customer in E E-art and was in custody for the victim; (b) as if the price for the goods was paid by the Defendant’s e-mail card, submitted a receipt of the e-mail card printed out with the Defendant’s new e-mail card in the name of G; and (c) fabricated the price for the goods as if the price for the goods was settled by the card and then adjusted it as if the approval for the settlement was settled by the card; (d) around that time, the Defendant embezzled the amount from the Internet gambling site to May 19, 2016 as stated in the attached list of crimes, and embezzled KRW 80,403,165 over a total of 462 times, as stated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each of the certificates of G, H, I, J, K, L, M, N,O, P, Q, R, T, U, V, W, X, Y, Z, AAB, AC, and AD;

1. A detailed statement of the entry into and departure from G accounts;

1. Application of Acts and subordinate statutes, such as inquiry about criminal history, inquiry report, and copy of the judgment;

1. The relevant Article of the Criminal Act and Articles 356 and 355(1)(b) of the Criminal Act regarding criminal facts and the grounds for sentencing [the scope of the punishment of imprisonment] [the grounds for sentencing [the scope of the punishment of imprisonment] [the person who is subject to special sentencing] in the basic field (from April to one year and four months] [the sentence] [the person who is subject to special sentencing] [the sentence] does not completely recover from damage despite the maximum amount exceeding KRW 80,00,000 per year of imprisonment]. The crime of embezzlement of this case continues to be repeated for about one year, and the defendant uses the money of this case for most of the gambling funds. The defendant uses the money of this case as gambling funds. The defendant has two or more criminal records and three criminal records, and one of the criminal records is subject to suspended execution, but the defendant appears to reflect upon recognizing the crime of this case.

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