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(영문) 광주지방법원 목포지원 2016.03.29 2016고단81
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From December 23, 2015, the Defendant has been engaged in the business of delivering food and receiving food costs, as an employee of the mid-to-day restaurant of “E” in the operation of the Victim D, which is located in the Military Department C in the Republic of Korea.

On December 25, 2015, the Defendant: (a) around 11:00, the Defendant: (b) deposited KRW 422,00,00 in total for business reserve received from the injured person in the name of money in total of 23 times; (c) deposited KRW 387,00,00,000 in total, as indicated in the attached crime list 1 through 23, such as delivering food and collecting KRW 10,000,00 from 107, 150, 150, 1500, Naman-do, Naman-do, Seoul Metropolitan City; and (d) consumed KRW 422,00 for personal purposes, such as daily living expenses, at will, around the two-dong, Gwangju-do; and (d) subsequently, used it for personal purposes, such as living expenses, at will.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police station in D;

1. Application of six Acts and subordinate statutes of six copies of the daily sales ledger of December 25, 199;

1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) (Selection of Imprisonment) of the same Act for the choice of criminal facts;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. The basic area (from April to January 1) of the sentencing criteria shall be the scope of the recommended punishment [the scope of the recommended punishment] (the scope of the punishment shall be less than 100 million won).

3. Scope of sentence comparison and recommendation: Imprisonment with prison labor for a period of April from April to April;

4. Determination of sentence: The defendant, for four months of imprisonment with prison labor, committed the crime of this case even though he had been subject to punishment several times for the same kind of crime, and the crime of this case was embezzled by a diving method with the food cost collected by the defendant working as an employee for food delivery. Since the previous crime of the defendant and the method of the crime are the same, it is inevitable to punish the defendant who committed repeated crimes under the same method as the previous punishment.

However, the defendant recognized the facts charged of this case.

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