logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.01.20 2014고단587
업무상횡령
Text

A defendant shall be punished by imprisonment for six 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

From April 2012, the Defendant served as a sales member of “C” stores for infant goods operated by the victim company in Gangnam-gu Seoul, Seoul, while selling infant goods to its visitors and settling the sales amount at the end of each month at the end of every month, engaged in sales and collection business to be deposited in the victim company.

On June 2012, the Defendant spent 1,183,040 won of cash sales in June 2012, which was kept for the victim company on behalf of the victim company, at the Defendant’s home located in Mapo-gu Seoul Mapo-gu’s office, in mind for personal purposes, such as personal living expenses and repayment of debt. From around that time to April 2013, the Defendant embezzled 26,310,648 won in total for 11 times as shown in the annexed crime list, such as the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to filing complaints, monthly sales materials, and reports on the current status of insolvency burials;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] 1 (100 million won) / [Determination of sentence] Defendant embezzled money in the course of performing burial management, and in light of the fact that most of the damages are not caused, the liability for the crime is not easy, but it is against the Defendant’s mistake, and there is no other criminal records except for punishment of KRW 2 million as a crime of fraud in 2002. Considering the method and result of the crime of this case, circumstances after the crime of this case, Defendant’s age, personality and behavior, family environment, etc., the following conditions are considered.

arrow