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(영문) 부산지방법원 2013.05.30 2013고단1429
업무상횡령
Text

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

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in the accounting work that manages the purchase, sales proceeds, etc. with the office from around September 24, 201 to around September 24, 201 in the state run by the victim D of the old C market 293.

Around January 3, 2011, the Defendant, while selling 30 quitables at the foregoing (EE office) office and having received 489,000 won as sales proceeds, embezzled 48,000 won in total by arbitrarily consuming 552 times in total, as indicated in the separate sheet of crime, by arbitrarily consuming 48,000 won from January 3, 2009 to September 21, 201, as if he had sold only 441,000 won as if he had been sold by means of a false entry in the computer.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes governing copies of cash receipts and disbursements;

1. In light of the following: (a) Articles 356 and 355(1) of the relevant statutory provisions regarding criminal facts; and (b) Articles 356 and 355(1) of the Criminal Act, the sentence of imprisonment is inevitable on account of the following: (c) the Defendant’s embezzlement of around three years during the period of three years in the grounds for sentencing chosen for imprisonment

However, the defendant is against the confession of the crime of this case, and the punishment is determined as per the disposition in consideration of the first offender, etc.

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