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(영문) 대전지방법원 2016.09.23 2016고단1659
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 6, 2016, from around February 12, 2016 to around February 12, 2016, the Defendant: (a) was engaged in the business of selling products, etc. at the Heart E store operated by the victim D; and (b) around January 22, 2016, the Defendant revoked the sales with the Defendant’s revocation of the sales with the Defendant’s purchase of KRW 138,000 at the time of the purchase in cash, with the Defendant’s purchase of KRW 138,00 at the time of the purchase in the above store, and embezzled the sales with the Defendant’s purchase at the discounted price in the agricultural bank account (Account Number G); and (c) embezzled the sales with the Defendant’s purchase of KRW 168,193,00 in total from around that time to February 10, 2016, as indicated in the attached crime list.

2. Larceny;

A. At around 22:00 on February 12, 2016, the Defendant: (a) 277,000, displayed in the said store using a crepan in which there is no employee; and (b) 2,782,000 won of the market price owned by the said victim and 1,228,000 won of the market price; and (c) 2,782,000 won of the Plaintiff’s spabbbbing.

B. On February 13, 2016, at around 09:00, the Defendant: (a) destroyed the Defendant’s share of KRW 77,000 in the market price of the victim’s ownership, which was displayed in the said store by using the gaps in which there are no employees; and (b) destroyed the Defendant’s share of KRW 1,229,00 in the market price; and (c) destroyed the Defendant’s share of KRW 2,00 in a fluent brued brued bed brub amounting to KRW 2,06

1. Statement by the defendant in court;

1. Each police statement made to H, I, and J;

1. A detailed statement of card sales;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article 329 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act (the point of embezzlement) and the choice of punishment for the crime, comprehensively, shall be applicable to the applicable provision of the Criminal Act, and Articles 329 of the Criminal Act, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Goods being carried out as a salesperson at a store operated by a victim;

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