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(영문) 대구지방법원 2016.12.23 2016고단4755
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in the business of supplying and collecting household goods to the customer in D operated by the victim C located in the Gandong District from around March 2011 to March 2016 by the head of the business division.

On January 31, 2015, the Defendant embezzled the sum of KRW 36.7 million over 11 times, as shown in the separate crime list, from around February 28, 2016, by collecting KRW 1.6 million from the money for goods, and using the money for personal living expenses, etc. in Daegu, etc., around that time, while working for the victim as a customer of the victim’s goods, and using the money for personal living expenses, etc. for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes in each letter (two copies) and the details of embezzlement;

1. Relevant legal provisions on criminal facts and Articles 356 and 355(1) of the Criminal Act on the basis of sentencing [the scope of applicable sentences under law] 1 to 10 years of imprisonment [the decision of a sentence] 1 to 10 years of embezzlement and breach of trust / [the scope of recommended sentence] basic area / [the scope of recommendation ] April 1 to 4 months / [the scope of recommendation ] where a person is an aggravated element embezzlement / [the case where a person is a general person] - the principal reason - Where a major reason for concurrent participation - a case where a significant amount of substantial loss is considerably small: A case where there is no effort to recover damage caused by a crime: A case of general participation - partial recovery of damage that has no criminal records over positive suspension of execution : A case where a defendant has embezzled 3670,000 won in total over several occasions for a period of one year, and a defendant has failed to fully recover damage, but the defendant has failed to give the victim an opportunity to file a complaint twice to the victim.

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