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(영문) 춘천지방법원 강릉지원 2018.05.23 2018고단219
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 30, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for night structure intrusion larceny, theft, etc. in the Gangnam District Court's Gangnam branch on April 30, 2015, and completed the execution of the sentence in the Gangnam Prison on October 6, 2015.

1. The Defendant, who committed the crime of July 4, 2017, was an employee of the E convenience store operated by the victim D in Gangnam-si from February 2017, and was engaged in the overall business of calculating the price, etc. against the customers who found his/her place as an employee. On July 4, 2017, the Defendant embezzled the amount of cash equivalent to KRW 500,000, total market price of KRW 13,500, which was kept in custody for the victim as it is, at the credit cooperative of the convenience store calculation unit of around 04:03, July 4, 2017.

2. On February 20, 2018, the Defendant, from around January 2018, embezzled the cash amounting to approximately KRW 1,000,000, which was kept in custody for the victim on the part of the Defendant at the H convenience store located in the first floor of the FF building in the Seocho-si from January 2018, as an employee, engaged in the overall business operations, such as calculating the price, against the customers who found the said place as an employee, at the H convenience store located in the first floor of the FF building in the Seocho-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Investigation reports (related to damaged articles);

1. CCTV photographs and CCTV images to be taken;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to previous convictions, etc. for repeated crimes), judgment, etc. and application of Acts and subordinate statutes following the search of prisoners;

1. Article 356 and Article 355 (1) of the Criminal Act concerning the facts constituting an offense (or choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of punishment is less than KRW 100,00).

However, the amount of damage is relatively small, the age, sex, environment of the defendant.

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