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(영문) 대전지방법원 천안지원 2016.09.21 2016고단140
업무상횡령
Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employee in charge of delivery of D branch offices operated by C from September 18, 2015 to October 20, 2015 and was in charge of the collection and transportation of D branch offices requested by customers.

At around 15:00 on October 19, 2015, the Defendant: (a) received a request from an injured party of the Victim F’s precious metal in the operation of Asan City E to transport the wheel gate containing KRW 6,692,00 in cash to H’ Seoul Branch; and (b) kept the wheel gate on October 20, 2015, the Defendant used the wheel gate to move it to the ridge between his own typular vehicles on its own mountain twitk; and (c) used the 5 million won for personal loan obligations; and (d) consumed the remaining 1.690,000 won as a entertainment expense.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Four points in G CCTV photographs (two points in each case);

1. Investigation report (referring to a report made by the owner in cash to hear statements from the F phone);

1. Application of Acts and subordinate statutes governing one copy of a contract;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing guidelines [Types of Determination] Class 1 (Special Sentencing less than 100 million won) [Special Sentencing Person] - Where the mitigated element of punishment is recovered or significant damage is recovered, [Determination in the sphere of recommendation] mitigated area] [Scope of recommendation] from January to October 10] [The scope of recommendation] - Where the mitigated element is a crime of embezzlement (major reason for suspension of execution] - where a significant amount of damage is considerably small in the scale of actual damage, the amount of punishment is not imposed [general reason for suspension of execution] - Where a significant amount of damage is considerably small in the scale of actual damage? - There is no clear social relation, serious reflect, no criminal record exceeding a suspended sentence, and partial recovery of damage.

2. Each sentencing factors and factors for the decision of sentencing, the accused shall avoid the trial.

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