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Reasons
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(영문) 서울중앙지방법원 2015.11.25 2015고단3183
업무상횡령
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 13, 2013, the Defendant entered into a contract with D representative director D on the consignment sale of golf clothes, and served as the manager of the sales of golf clothes from around that time to February 7, 2015.

On May 7, 2014, the Defendant, while selling the golf clothes provided by the Victim(s)C at the (ju) clothing sales store located in Seocho-gu Seoul Seocho-gu Seoul EF Station Center, embezzled the total amount of KRW 59,285,380,00,000, not by deposit to the (ju)C while in his/her business, but by paying personal debt, etc. at his/her own discretion, and embezzled the total amount of KRW 5,252,60,00,000, not by deposit to the (ju)C in his/her business, as shown in the list of crimes in the attached Table, by using the money sales proceeds of KRW 59,285,380,00, not by deposit to the (ju)C

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. An interim management contract and a letter of commitment;

1. Application of Acts and subordinate statutes to an investigation report;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement) and the choice of imprisonment with labor;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the Act on the Suspension of Execution (amended by Act No. 100 million won), the crime of embezzlement and breach of trust, the first type (amended by Act No. 100 million won) (amended by Act No. 1000), and the following circumstances (amended by Act No. 1000), comprehensively taking into account the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., the sentence as ordered

Unfavorable circumstances: The defendant's act of embezzlement in the custody of the company without paying the cash sales price is not good enough to commit the crime.

The defendant is the first offender.

The defendant has made efforts to increase sales by lending bonds and bearing expenses for the collection of sales.

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