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(영문) 제주지방법원 2020.11.11 2020고단1889
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from May 11, 201 to October 31, 2019, is a person who has been in charge of the affairs concerning the entry into and departure from the main place of business of the victim in Jeju-si, and the overall affairs concerning the sales and collection of products, etc. of the main place of business.

1. Around January 26, 2017, the Defendant: (a) received KRW 2.8 million of the sales price of the text-based goods from F that operates C E points in Jeju Island; and (b) kept them in cash for the victim; (c) around that time, the Defendant embezzled the sales price of the said goods by voluntarily consuming the sales price for one’s own living expenses and for the repayment of debts; and (d) subsequently, embezzled the said price for the said goods for personal use by voluntarily consuming it for ten times in total until April 29, 2019, as indicated in the list of crimes, from that time.

2. Around May 2017, the Defendant, at the main place of business, embezzled the phrase equivalent to KRW 200,000,000 in market price by arbitrarily delivering the same goods to G in a way that he/she arbitrarily delivers the same goods to H, for personal use, while he/she kept the phrases owned by the victim in his/her duties for the sake of the victim. At around that time, the Defendant: (a) arbitrarily distributed the phrases equivalent to KRW 100,000 in market price, such as the two joints of Switzerland; (b) two joints of elementary school students’ labor union; and (c) 24 color 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. The current status of transaction partners to be committed by retailers, and the Director of the Customer;

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

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. The fact that there is no agreement between the defendant and the injured company of reasons for sentencing under Article 62(1) of the Criminal Act, the fact that the defendant does not have the same criminal record, the defendant's age, character and conduct, family relationship, environment, and crime.

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