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(영문) 수원지방법원 평택지원 2016.11.09 2015고단1877
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 1, 2010, the Defendant has been employed by the Victim B, a business employee, as a business employee, for the supply of foodstuffs, etc., and has been engaged in food sale and collection business.

On September 1, 2010, the Defendant collected KRW 100,000 from the price of goods supplied by the victim company in Pyeongtaek-si C and used the goods for the victim company. Around that time, the Defendant used the goods for personal purposes, such as living expenses, at his/her own discretion.

From around that time to October 30, 2010, the Defendant spent the total of KRW 11,255,890, in mind, the sum of the food prices stored in the business for the said company, which was collected from Pyeongtaek-si, etc. by the same means 20 times in total, as shown in the attached list of crimes.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to accusation and transaction account books;

1. Where there is no special sponser from among the types 1 to 356(1) of the Criminal Act applicable to the pertinent provision of the criminal facts and the reasons for sentencing (determination of the application of the sentencing criteria) under Articles 356 and 355(1) of the Criminal Act (determination of the sentencing criteria): The scope of the recommended sentence: The decision of the suspended sentence shall be made on the grounds that the circumstances as seen earlier and the motive and background leading up to the crime, the circumstances leading up to the crime, criminal records, the age of the accused, character and conduct, intelligence, environment, etc. are not considered, and the decision of the ordered sentence shall be made on the grounds that the above circumstances and the motive and background leading up to the crime, the circumstances leading to the crime, the criminal records, the age

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