2016 Highest 5945 Occupational Embezzlement

A person shall be appointed.

○○ (Lawsuits) and ○○ (Public Trial)

Attorney ○○○

March 30, 2017

A defendant shall be punished by imprisonment for not less than eight months.

Criminal facts

From around 2012 to April 2016, the Defendant is a person who has been in charge of management duties while working in ○○○○○○○○○○○○○○○○○○○○○○○○ operated by ○○○○○○○○○○○○○○○○○○, a person who has been in charge of management duties.

On February 2, 2012, the Defendant: (a) made it difficult for the Defendant to verify the sales of the victim by comparing the daily sales table and the amount deposited in the card company on the day of the crime; (b) made payment to the customers in cash at a discount of 10 to 20% of the food value; (c) made payment in cash, the Defendant selected and calculated a "credit card" in the calculation method of POS machinery, while the customer selected a "credit card" to make payment in cash, the Defendant was in possession of the Defendant or his family members, and then revoked the approval immediately after the settlement was approved, and was taken to use the cash received from the customers as the food payment.

On February 11, 2012, the Defendant settled KRW 50,00 by using the BC card under the name of her husband ○○○○○○○, in the foregoing manner at the above place, but revoked the approval, and embezzled by using bring KRW 50,00 to bring about KRW 50,00 from customers for personal purposes. From this point, the Defendant embezzled by using it for personal purposes.

14. Until now, 129,258,60 won in total, which was kept in business for the above restaurant over 844 times, as shown in the annexed list of crimes, was consumed in mind.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of the accused (two times, replacement of the accused);

1. Statement of each police statement on ○○○ and ○○○;

1. Details of approval and revocation of credit cards;

1. The balance sheet;

1. Receipts:

1. Cancellation of sales by card number;

1. Investigation report (for data submitted by a complainant, list of records of maintenance of records, registration of cancellation of credit cards; 1. Application of statutes, such as approval of credit cards and details of cancellation thereof;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 356 and 355(1) of the Criminal Act (generally, choice of imprisonment)

Reasons for sentencing

○ Criteria for sentencing

[Extent of Recommendation] Determination of Type 2 (not less than KRW 100,00 but less than KRW 500,00) basic area (one year to three years)

In full view of the following circumstances and the criminal defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, the sentence identical to the order shall be determined.

- the nature of the offence, the commission period is long, the total amount of the damage is KRW 129,258,60,600, and not received from the victim;

- There is no history of criminal punishment for the recognition and reflect of the commission of the offence, for the victim 80 million won or more;

Judges Yang Sang-ap