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(영문) 울산지방법원 2015.11.26 2015고단1761
업무상횡령
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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

From September 1, 2006 to March 27, 2015, the Defendant served as a business employee of the victim limited liability company C in Ulsan-gun, Ulsan-gun, and was engaged in the business of collecting alcoholic beverages from the victim.

Around September 1, 2013, the Defendant collected KRW 1,111,200 from the victim’s business partner in Ulsan-gu, Ulsan-gu, and used KRW 66,276,425 as personal debt repayment and gambling funds, etc. from around 43 business partners to March 5, 2015, while the Defendant was in custody for the victim’s business, it did not deposit it into the victim’s liquor management account, and used it voluntarily for personal purposes, such as personal debt repayment and gambling funds, etc., as indicated in the attached Table “crime List against Suspect A.”

Accordingly, the defendant embezzleds the property of the victim who has been kept in business.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (F data submitted by a complainant and embezzlement data);

1. The punishment as set forth in the disposition shall be determined in consideration of the following favorable circumstances: (a) there is no basic area [the scope of recommending punishment] [the grounds for sentencing of imprisonment [the scope of recommending punishment] (4-100 million won] [the decision of sentencing]; (b) the period and amount of the embezzlement; (c) the place where the embezzled money was used; (d) the nature of the crime is not less than that of the crime; (e) the damage recovery was not performed; and (e) the fact that there was no record of the crime of property, such as the same criminal record, which exceeds the fine, or has not been agreed with the victim; and (e) the fact that there was no record of the crime of property, such as the same criminal record, etc., committed in excess of the fine; and (e)

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