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(영문) 대전지방법원 천안지원 2013.04.05 2013고단89
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 1, 2005, the Defendant was engaged in sales and collection of alcoholic beverages as business employees in the victim limited partnership company C located in Seo-gu, Seo-gu, Western-si B.

On April 30, 2011, the Defendant: (a) collected KRW 825,300 from the main point of the trade name, “D operated by the Buddhist winners in the two districts, Seo-gu, Seo-gu, Seo-gu; and (b) was kept in custody for the said company for the said company; (c) around that time, he voluntarily consumed the amount of KRW 7,183,40 in total by the same method over 62 times during the period from around that time to June 30, 2012, as shown in the list of crimes in the attached Table, and embezzled arbitrarily consumed KRW 7,183,40 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A complaint;

1. Current status of deposits;

1. Application of Acts and subordinate statutes on bond ledger;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The sentence shall be determined like the order, taking into consideration the following factors: (a) the reasons for sentencing under Article 62(1) of the Criminal Act: (b) the defendant has no other criminal record than a fine once, and there is no other criminal record for the same kind of crime; (c) the defendant has paid most money

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