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(영문) 서울중앙지방법원 2014.02.13 2013고단7989
업무상횡령
Text

A defendant shall be punished by imprisonment for four 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

From July 31, 2011 to June 17, 2013, the Defendant, as the store store located in Gangnam-gu Seoul, in the “F”, a juice store operated by the victim (ju), has overall control over the management of commodities, sales, store management, etc. in the above store. The Defendant, around December 2012, kept juice products, etc., owned by the victim company in the above store for the said victim company, juice products, etc., equivalent to KRW 525,00 in the market price of KRW 525,00 (G07W4W-S80/17) and sold juice products for the purpose of consumption in Jongno-gu Seoul, and then sold juice products for personal consumption with the sales price of KRW 70,50,00 in the above market price of KRW 525,00 in the above store, from around 20, 200 and KRW 70,500,000.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes of the Letter of Payment

1. Relevant provisions of criminal facts: Articles 356, 355 (1), and 30 of the Criminal Act (Selection of Imprisonment);

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (including the fact that repayment has been made except for the amount of embezzlement of KRW 5,970,017, the fact that the defendant is the primary offender, the fact that the mother is a criminal for the preparation of hospital expenses, etc;

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