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(영문) 창원지방법원 2015.08.26 2015고단1289
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant is a person who is the delivery source of the “E” restaurant’s “E” restaurant’s “E” restaurant operation in Seongbuk-gu, Changwon-si, Changwon-si, and is engaged in the delivery of the above restaurant and the collection of food charges.

On April 13, 2015, the Defendant embezzled the victim’s property worth KRW 7,523,40 in total seven times from that time until May 13, 2015, including the sum of KRW 35,00,00 for the purpose of paying to customers, and KRW 2,50,000,000 collected from customers for food, and KRW 3,10,000,000,000 for food, and KRW 3,000,000 for the victim’s business kept in custody for the victim.

2. Athief: (a) around May 5, 2015, the Defendant stolen the said restaurant with cash 1.60,000 won while working for the said restaurant in the “H” restaurant operated by the victim G in the “H” window F of Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning I, G, J, K, L, and M;

1. Written statements (D);

1. Application of Acts and subordinate statutes to investigation reports (or acceptance of counter parties to victims and confirmation of amount of damage);

1. Relevant Article of the Criminal Act and the point of occupational embezzlement of the option of punishment against the crime: Articles 356 and 355 (1) of the Criminal Act: Article 329 of the Criminal Act;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Type 1 (Scope of Recommendation) thief (Scope of thief) thief (General thief) thief (No person who has been specially punished) thief (6 months to 1 year and 6 months);

(b) Class 2 crime (Embezzlement and Breach of Trust) / Type 1 (in a case where the punishment is less than 10 million won), the basic area (from April to one year and four months) (special person) is nonexistent;

(c) The scope of final sentence due to the aggravation of multiple offenses: From six months to two years.

2. In the past, the defendant who was sentenced to a sentence has been employed as an employee.

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