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(영문) 대전지방법원 홍성지원 2017.02.15 2016고단838
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2012, the Defendant entered into a contract with the Victim B Co., Ltd. on the charge of direct operation of a mobile phone, and thereafter operates B B B B B permanent points in Boan City.

The Defendant embezzled KRW 24,426,110 while receiving the mobile phone usage fee and subscription fee from the customers pursuant to the above contract from December 2, 2014 to December 2, 2015, the Defendant embezzled KRW 24,426,110, while receiving the mobile phone usage fee and subscription fee from the customers from the above public office store B, the Defendant embezzled it by using the personal debt payment, etc. at his own discretion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of the accused by the prosecution (including the D or E part of the statement);

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to the head of a complaint, a contract for charges directly operated, and a statement of unpaid charges for 2015;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following circumstances of sentencing under Article 62-2 of the Social Service Order Criminal Act and the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records.

It is not agreed with the victim that the crime of this case was committed, that is the first offender, and that the victim paid 5 million won to the victim.

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