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(영문) 부산지방법원 2016.09.29 2016고단3836
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From April 1, 2013 to December 2, 2014, the Defendant had been engaged in the delivery and collection of alcoholic beverages while serving for the victim limited liability company B as a business employee.

From April 1, 2013 to April 30, 2014, the Defendant arbitrarily embezzled the amount of the victimized company by using KRW 43,179,120 in the same manner as indicated in the list of crimes in attached Table 43 times from around that time to December 16, 2014, which was kept for the victimized company by collecting KRW 3,00,000 for alcoholic beverages from D restaurants located in Kimhae-si, and arbitrarily using the same method as indicated in the list of crimes in attached Table 43 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

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

1. The pertinent Article of the Criminal Act, Articles 356 and 355(1) of the Criminal Act regarding criminal facts, the grounds for sentencing of sentence of imprisonment [the scope of recommending punishment] [the grounds for sentencing of sentence] [the grounds for sentencing of sentence] No person who does not have [the person who is subject to special sentencing] [the person who is equivalent to April 1 to January 4] in the basic area (the decision of sentencing] [the person who is subject to special sentencing] [the decision of sentencing] was not repaid despite the amount of embezzlement], the agreement was not reached, and there was no power that the person was subject to suspended sentence for the same kind of crime, so the defendant should be punished strictly.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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