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(영문) 부산지방법원 2017.03.30 2016고정3784
업무상횡령
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

From the beginning of February 2016 to the end of February 23, 2016, the Defendant served at the convenience store operated by the victim D located in Busan Metropolitan City, Busan Metropolitan City, Busan Metropolitan City, as the part of the night-time elderly, and has been engaged in the night-time store management work, such as the sale of goods and the amount of the prices.

1. On February 23, 2016, the Defendant, at the above convenience store around 05:00, kept the goods at the above convenience store for the victim in the course of carrying out business, in mind, brought about a 13,900 won earphone, which is equivalent to the amount of KRW 13,90,00, 1,1,000, and 1,000.

Accordingly, the defendant embezzled the victim's property amounting to 39,900 won.

2. On February 26, 2016, at the above convenience store around February 26, 2016, the Defendant worn a fele from the damaged person.

25,000 won, twitts equivalent to 1,89,000 won, twitts equivalent to 9,000 won, and 1,000 won, which were kept on duty for the victim, was rejected even if the victim was requested to return the twitning.

Accordingly, the defendant embezzled the victim's property amounting to 209,000 won.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. A written statement;

1. Application of Acts and subordinate statutes to each investigation report (not more than 21 pages, not more than 26 pages, not more than 36 pages);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of a punishment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination of punishment on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, taking into account the following: (a) details and methods of the instant crime; (b) degree of damage; (c) the Defendant’s attitude after the commission of the crime; (d) circumstances surrounding the settlement of accounts with the victim; and (e) the fact that the Defendant has no criminal history

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