(영문) 부산지방법원 동부지원 2018.04.25 2017고단1963

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2018.04.25 2017고단1963

업무상횡령

Text

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

From July 1, 2007 to August 31, 2016, the Defendant was engaged in the sales of the clothing, inventory management, and sales proceeds management of the said store as a manager of the E store, which is a female clothing sales store operated by the victim D in Busan Southern-gu, Busan-gu.

From August 2013 to March 2016, the Defendant paid 579,635,00 won to part of the victim and embezzled the victim’s property by consuming the total amount of KRW 83,698,500 for personal use, such as living expenses, etc., on 23 occasions as indicated in the list of crimes in attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made in relation to D, F and G;

1. A list of comparison of inventory, the actual amount of sales, the records of sales, the records of deposits, the records of electronically inputs of records of monthly cash sales, the records of monthly cash payments, the records of payment of cards, the current status of direct sales, sales, electronic inputs of sales status, the records of cash sales, the records of accounts in each sales card, the records of accounts in each sales book, the records of current status of direct sales (from January 201 to June 6, 201), and the records of bank transactions;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] Article 1 of the mitigation area (one month to ten months) [the person who is specially mitigated] [the person who is not subject to punishment] the scope of damage, while some of the amount of damage is deposited again, and the victim is not subject to punishment against the defendant, the punishment shall be determined as ordered in consideration of the fact that the victim has not been punished against the defendant

참조조문

유사 판례

-서울중앙지방법원 2018.05.31 2017고단7842

-수원지방법원 안양지원 2018.11.07 2018고단1323

-대구지방법원 영덕지원 2016.09.28 2016고정47

-부산지방법원 2016.04.07 2015고단8634

-창원지방법원 마산지원 2016.06.01 2015고단1084