logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.10.02 2014고단6776
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant was sentenced to one year of imprisonment for occupational embezzlement at the Seoul Central District Court, and completed the execution of the sentence on September 7, 2013.

1. From January 18, 2014, the Defendant, while serving as a delivery source at the “O” house operated by the victim N in Seocho-gu Seoul, Seocho-gu (Seoul) from around January 18, 2014, he/she embezzled KRW 182,50,00 in total of KRW 52,50,000 and KRW 130,000,000 in cins and 130,000 in cins and cins for the sake of the victim’s business, and embezzled the Defendant for voluntary consumption as living expenses, etc. while

2. The Defendant, from January 21, 2014, worked at the “R” restaurant operated by the victim Q Q Q in Yeongdeungpo-gu Seoul Metropolitan Government P, and embezzled KRW 340,000, which was voluntarily consumed and embezzled as living expenses, etc. while on January 21, 2014, around 21:40, as the Defendant was on duty for the victim.

3. On January 10, 2014, the Defendant embezzled KRW 208,00,000, total of KRW 30,000,000, and the total of the food cost collected from the Defendant, on January 13, 2014, while working as a delivery source at “Ucafeteria” operated by the victim T in the Daegu-gu Incheon Metropolitan City S., for the sake of the victim’s occupational storage, by voluntarily consuming it as living expenses, etc. during his/her business storage.

Summary of Evidence

1. Defendant's legal statement;

1. N’s accusation and statement thereof;

1. A written statement of Q;

1. T’s petition and the statement thereof;

1. Copy of the judgment, such as Seoul Central District Court Decision 2012Kadan3883;

1. Application of Acts and subordinate statutes on the current status of individual reduction/Incarceration;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. On the grounds of sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders, the principle of equity should be taken into account when a case is pending in the appellate court (Seoul Central District Court 2014No3382).

arrow