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(영문) 부산지방법원 서부지원 2017.10.26 2017고단803
업무상횡령등
Text

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

Reasons

Punishment of the crime

From June 15, 2017, the Defendant was engaged in the duties such as receipt and disbursement of money, etc. while working as the source of occupation in the Etra of the victim D in Busan Seo-gu, Busan as from June 15, 2017.

On June 16, 2017, at around 23:02, the Defendant kept cash equivalent to KRW 1.3 million and cash equivalent to KRW 500,000,000,000,000,000,000,000,000,000 won, in a reserve bank under the Kabter, for a victim, and consumed all of them from Busan Daily around that time.

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

around 21:55 on June 28, 2017, the Defendant: (a) opened and intruded a H dental entrance not corrected in the “H dental” managed by the victim G in Busan Northern-gu; and (b) cut off the victim’s market value of KRW 800,000,000, the market value of the victim’s possession, i.e., the victim’s PC PC 1 unit, and the victim’s market value of KRW 800,000,000,000.

Summary of Evidence

"2017 Highest 803"

1. Statement by the defendant in court;

1. A D's written statement "2017 senior group 1107 senior group;

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions concerning facts constituting an offense, Articles 356, 355 (1) of the Criminal Act (the point of occupational embezzlement, the choice of imprisonment), and Article 330 of the Criminal Act (the point of larceny of intrusion on night structures);

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the Defendant’s reasoning for sentencing is highly disadvantageous to the fact that the same juvenile protective disposition record was extremely high, considering the circumstances favorable to the fact that the amount of embezzlement is not much higher and the stolen goods were returned, and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as indicated in the instant argument, the sentence is ordered as ordered.

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