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(영문) 수원지방법원 2016.09.22 2016고단2128
업무상횡령등
Text

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

13,110 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. The Defendant engaged in occupational embezzlement from August 2014 to May 10, 2015 in the management of the victim D’s “E pharmacy” in Osan City and 101, while serving as a management pharmacist, and engaged in the sales of drugs and the management of the pharmacy.

On September 1, 2014, the Defendant received 100,000 won from a customer from the above pharmacy, and used it for personal purposes such as repayment of debts at will around that time.

From around that time to May 10, 2015, the Defendant arbitrarily consumed total of KRW 42,390,000 by the same method as above, as shown in the list of offenses, and embezzled it.

2. On May 10, 2015, at around 08:29, the Defendant: (a) opened a door using a caps card with which he was in possession of a flat at the “E pharmacy”; (b) used one copy of 0.25mg 100m , one copy of 100m g 100m , one copy of 100m g 100m , one copy of L-to-one half g 100m , one copy of 2m 50m g , and two copies of 0.25m g 100m , each of which was kept inside the pharmacy.

3. From May 10, 2015 to December 12, 2015, the Defendant: (a) was administered in a froscopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic 93 scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scop

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (as to the location of the suspect)

1. Application of each statute;

1. Relevant Article 356 of the Criminal Act, Articles 355(1) of the Criminal Act (the occupation of occupational embezzlement and the choice of imprisonment), Article 329 of the Criminal Act (the intention of Section 329) for criminal facts.

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