(영문) 대구지방법원 2020.04.01 2019고단5288

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(영문) 대구지방법원 2020.04.01 2019고단5288

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 November 26, 2018 to July 13, 2019, the Defendant served as a sales salesperson in the Daegu-gu Section C-4 department stores, and was in charge of the sales of clothes and the price of clothing sales on the day to the department store.

On June 19, 2019, the Defendant arbitrarily consumed the sales proceeds of KRW 626,30,00 from customers in cash in the above store and embezzled the sales proceeds of KRW 11,69,90 on seven occasions from the above date and time to July 13, 2019, as shown in the separate crime list, in order to have the victim voluntarily used the proceeds of sales proceeds of KRW 626,30,00,00 for his own living expenses, children’s education expenses, etc. during his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A complaint filed for DNA preparation;

1. A written agreement on sales, details on payments not distributed, and notarial deeds;

1. Application of Acts and subordinate statutes to a report on investigation (calculated amount of damage);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is to be sentenced to the same sentence as the order of the defendant, comprehensively taking into account all other circumstances, including the following: (a) the accused has embezzled the money of the victim while on duty; (b) the criminal liability is heavy; and (c) the accused has not taken any specific measures to recover from damage up to the present; (d) the accused has led to the confession of the crime; and (e) the accused has no record of criminal punishment; and (e) the accused has been sentenced to the same punishment

참조조문

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