logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2014.02.26 2013고단1161
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that 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, from April 1, 2012, has been engaged in the sales and settlement of goods of the said company as a member of the victim D's (ju) E sales store in Kimcheon-si, Kimcheon-si.

On June 6, 2012, the Defendant sold the air conditioners equivalent to KRW 2,160,000 at the market price to the customer F, and received cash payment of KRW 2,090,000 from the customer, and kept in custody for the victim, in violation of his/her duties, and used the money for personal purposes, such as living expenses, in mind at the Kimcheon-si Won around that time. From around that time to February 24, 2013, the Defendant used KRW 32,447,00 in total by the same method from Kimcheon-si Won to February 24, 2013, as shown in the annexed crime list, in mind.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to each investigation report (referring to the G telephone investigation for reference witnesses, F telephone investigation for reference witnesses, H telephone investigation for reference witnesses, J telephone investigation for reference witnesses, J telephone investigation for reference witnesses, K telephone investigation for reference witnesses, verification of the amount remitted by a suspect from M from reference witnesses, verification of the amount remitted by a suspect from reference witnesses M, N telephone investigation for reference witnesses, and telephone communications with referenceO);

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [decision of the Suspension of Execution] Embezzlement 100 million won [Special Sentencing Person] - Where the mitigated element is not or significant damage has been recovered [the scope of decision and recommendation in the field of recommendation] mitigation area], January-10 [the general sentencing person] - There is no record of criminal punishment - Where the mitigated element is an embezzlement crime - there is no record of criminal punishment - Where the crime is committed [the existence of suspended sentence] - Where significant damage has been recovered: In cases where significant damage has been restored, the uncompetence of the punishment - there has been no criminal record of not less than the suspension of execution [decision of sentence] 6 months

arrow