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Reasons
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(영문) 수원지방법원 여주지원 2017.09.06 2017고단866
업무상횡령
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a sales member of the Victim C Co., Ltd., a victim C’s liquor seller located in Seongbuk-gu, Sungnam-si from December 1, 2016 to December 31, 2016, has been engaged in the business of managing attempted claims and collecting liquor proceeds.

On December 30, 2016, the Defendant received 259,900 won from the representative F of “E” D’s liquor payment in cash and used 259,900 won for the said company as daily living expenses, etc. around that time.

In addition, the Defendant embezzled the total sum of KRW 11,349,800 from December 16, 2016 to December 31, 2016 by using the same method as indicated in the list of crimes in the attached Table for the victim company in the same manner as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A copy of each certificate;

1. Inquiries into the head of each sales office and details of financial transactions;

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

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendation] Article 62-2 of the Criminal Act / [the grounds for sentencing [the scope of punishment under 100 million won] / [the person who is subject to special sentencing] / [the sentence] 2 years of imprisonment with prison labor for 6 months and suspended execution for 6 months (the defendant has a history of being subject to multiple criminal punishment, there is no history of having been punished several times, and there is no history of having been punished as a crime of the same kind with the unfavorable circumstances, such as the situation in which damage has not been recovered, and the damage amount is relatively little, and a comprehensive consideration shall be given to favorable circumstances,

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