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(영문) 수원지방법원 여주지원 2019.03.08 2018고단1218
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant served as an employee of the Victim B from June 201 to September 2017, and was in charge of selling tourist products.

Around January 15, 2016, the Defendant embezzled KRW 49,500,036, total sum of 43 times from September 3, 2017 to September 3, 2017, as indicated in the list of crimes in the attached Table, for the victim, while selling tourist goods to customer D and receiving payment from the account under the name of the Defendant E in the name of the Defendant, and embezzled by personal use of the amount of KRW 49,50,036 for the victim, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to the F;

1. B registry;

1. A detailed statement of each embezzlement;

1. A criminal investigation report (receiving data submitted by a complainant);

1. Investigation report (related to data submitted by a suspect at the time of preparing the 8th suspect examination protocol);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

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

1. One month to ten months from the scope of the recommendation sentence (not subject to punishment);

2. Determination of the sentence shall be made in consideration of the size of the embezzlement, the nature of the mode of conduct, and other unfavorable circumstances;

The consideration shall be given to the favorable circumstances, such as the fact that the Si's seal and reflects, the fact that the damage has not been fully repaid, but the agreed fact.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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