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(영문) 서울중앙지방법원 2014.02.13 2013고단7687
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2013Kadan7687] The Defendant is a person who, from October 24, 2013 to October 24, 2013, worked as a delivery source in the "E" restaurant operated by the victim D in Gangnam-gu Seoul Metropolitan Government, and has been engaged in food delivery and food payments.

On October 24, 2013, the Defendant, at around 14:00, embezzled money and valuables equivalent to KRW 2.640,000,000,000 for the victim, such as 1, 1, and 1,000,000,000,000,000 in the market value of the food delivery near the above "E" restaurant, and 1,40,000,000 won in the market value, and 1,40,000,000,000 won in the market

[2013Kadan8426] The Defendant is a person who, from October 20, 2013, worked as a delivery source in the “H” restaurant operated by the victim G in Eunpyeong-gu Seoul Metropolitan Government, from around October 20, 2013, engaged in food delivery and food charges.

On October 20, 2013, around 13:30 on October 20, 2013, the Defendant, while carrying out a food delivery in the vicinity of the above “H” restaurant, he arbitrarily embezzled money and valuables worth KRW 2.3 million, including 1,100,000,000, and 2,000,000,000,000,000,000,000,000,000 won,

Summary of Evidence

[2013 Highest 7687]

1. Defendant's legal statement;

1. Statement made by the police about D (2013 senior order8426);

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence List 6);

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. Among concurrent crimes, the reason for the sentencing of Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act [the decision on a type] Embezzlement 100 million won [the scope of recommendation] - April - 1 year and 4 months [the decision on a sentence] - 4 months and 4 years [the decision on a sentence] - 2 years] of the Criminal Act: The defendant's embezzlement of disposable goods in a short term is not easy, and the defendant seems to be employed as an employee, and he committed immediately thereafter.

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