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(영문) 서울동부지방법원 2014.06.12 2014고단1007
업무상횡령
Text

A defendant shall be punished by imprisonment for four 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

From January 6, 2013 to June 20, 2013, the Defendant engaged in sales in C department stores D (HE) E store located in Dongdaemun-gu Seoul Metropolitan Government.

The Defendant spent KRW 2,806,500 in total over several occasions of personal living expenses, etc. while receiving cash beds, etc. from around March 3, 2013 to March 31, 2013 from customers several times and having been on business custody for the said company.

From March 3, 2013 to June 2013, the Defendant consumed the total of KRW 13,224,750 in several times at Seoul, etc. around that time, as indicated in the list of crimes in attached Form.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of five copies comparing the amount of the order and approval;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended by the sentencing guidelines [decision of type] Embezzlement Embezzlement (decision of less than KRW 100 million] Basic field of the crime of embezzlement (decision of the recommended field] [the scope of the sentence of recommendation] 4 months to 1 year and four months;

2. Determination of sentence shall be made in the same manner as the order, taking into consideration the overall circumstances shown in pleadings, such as the defendant's confession, character and conduct, occupation, occupation, intelligence and environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., as well as other circumstances shown in the pleading.

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