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(영문) 인천지방법원 2015.07.20 2015고단2920
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From June 18, 2010 to June 2012, the Defendant served as a business employee at the food materials sales chain operated by the victim C and D in Guro-gu Seoul Metropolitan Government as the victim C and D, and was engaged in the business of selling food materials and collecting money.

1. On August 4, 2010, the Defendant, who received money in cash, supplied food materials equivalent to KRW 25,000 to “F cafeteria”, which is a customer, and received money in cash, and consumed KRW 25,000,000, which was collected from the electronic program of “E”, for personal purposes, such as Defendant’s living cost.

In addition, from around that time to June 7, 2012, the Defendant embezzled total of KRW 50,193,174 by the same method over 846 times, such as the list of crimes (1) in the annexed sheet of crimes.

2. Around January 27, 2012, the Defendant’s occupational embezzlement: (a) supplied food materials equivalent to KRW 267,593 to “G”, who is a business partner; (b) transferred the money to the account of the National Bank in the name of the Defendant’s father; and (c) consumed the money for personal purposes, such as the Defendant’s living expenses, etc., in the Seoul Special Metropolitan City, which was kept for the sake of the victims.

In addition, from around that time to March 26, 2012, the Defendant embezzled KRW 5,629,093 in total by the same method 14 times, such as the list of crimes (2) in attached Form 14.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including D statements);

1. Application of the police protocol law to C

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

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Scope of Recommendation] No basic area ( April to one year and four months) (special person) (Article 4 to one year and four months) of the Criminal Act shall be imposed [decision of sentence].

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