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(영문) 대구지방법원 의성지원 2017.03.02 2016고단246
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who works for the victim B company from December 1, 2014 to October 1, 2016 as a sales member and was in charge of the sales and collection of alcoholic beverages.

On November 15, 2015, the Defendant collected KRW 80,000 as the sales proceeds of alcoholic beverages from D main points located in Guro-si, Seoul, and consumed the amount for personal purposes, such as entertainment expenses, at around that time, from the day of Gu and America.

In addition, the Defendant embezzled KRW 20,561,289 in total over 30 times from that to August 10, 2016, as indicated in the list of offenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommended punishment] Class 1 of the Act on the Suspension of Execution [the grounds for sentencing [the scope of recommended punishment] [10 million won] / [the person subject to special mitigation] 4 months of imprisonment [the sentence] 4 months of imprisonment, and 1 year of suspended execution, the crime of this case is prohibited by the defendant from paying liquor, and consumed it for personal purposes, and its nature is disadvantageous to the defendant in light of the frequency of the crime and the amount of damage.

However, in consideration of the fact that the defendant recognized his mistake and reflects, the defendant has no same criminal record and has no record of crime exceeding the fine, the defendant's agreement with the victim that the injured person does not want the punishment of the defendant, and other circumstances such as the defendant's age, sex, occupation, home environment, circumstances after the crime, etc., the punishment as ordered shall be determined.

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