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Reasons
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(영문) 수원지방법원 평택지원 2014.10.23 2014고단1000
업무상횡령
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A defendant shall be punished by imprisonment for one year.

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 April 2, 2005 to February 29, 2014, the Defendant has been engaged in the delivery and collection of alcoholic beverages of the said company as an employee of the victim C Co., Ltd. in Pyeongtaek-si B.

On December 23, 2009, the Defendant collected KRW 3,176,200 from the main points of “E” operated by Pyeongtaek-si located in Pyeongtaek-si, and was in custody for the said company for the said company. At that time, the Defendant consumed the amount of KRW 3,176,200 for personal use, such as entertainment expenses, at Pyeongtaek-siwon.

The Defendant consumed totaling KRW 63,492,200 by the same method over 42 occasions, such as the statement in the list of crimes, from around November 2008 to November 13, 2013.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. C Bond Ledger;

1. A complaint;

1. Application of meta-related Acts and subordinate statutes;

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

1. There is no criminal liability for the defendant who embezzled part of the amount of money of 63 million won for occupational embezzlement during a long period of time for sentencing under Article 62(1) of the Criminal Act, and uses it for entertainment expenses, etc., so there is a need for the corresponding punishment.

Provided, That the suspension of execution shall be sentenced as ordered by the sentence of suspension of execution in consideration of the fact that the defendant is recognized to commit all crimes, that the victim expresses his/her intention not to want the punishment against the defendant, that the victim is paying damages, that the defendant has no criminal records exceeding the previous and fine, and that the defendant has no criminal records beyond the previous and the family relationship, etc

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