logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.12.14 2018고단4010
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

From April 2003 to April 23, 2017, the Defendant was employed as an employee in charge of calculating the “E private house” operated by the victim D in Seoul Special Metropolitan City Nowon-gu, Nowon-gu, Seoul Special Metropolitan City’s 7th floor, and was engaged in the duty to faithfully keep and deliver the aforementioned bathing expenses and deliver them to the victim.

While working as above, the defendant did not enter the details of sales in the book and did not bring the sales proceeds on the part of the right to enter a guest in January 2010.

The Defendant, from October 1, 201 to March 31 of the same month, deleted from the machinery that issued a public bath right to 469 won, 2,814,000 won falling under the sales proceeds from E, from E, or from E, to E, from the 6,000 won per head, 469 won from the machinery that issued the public bath right to 6,00 won per head, and removed from the treasury of the public auction in charge of calculation.

They brought to Korea.

In addition, from January 2010 to April 2017, the Defendant deleted the attachment records on the total amount of 50,459 of the right to be admitted from January 201 to April 201 in the same manner, and took 322,649,000 won in total amount corresponding to the sales proceeds.

Accordingly, while the defendant kept the victim's property, he embezzled it in violation of his occupational duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to photographs of the suspect A crime scene after printing out the CCTV subscription right;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Article 62(1) of the Act on the Suspension of Execution takes into account a large amount of embezzlement of the reasons for sentencing as approximately KRW 3220 million, the fact that the defendant recognizes and reflects the crime, the victim does not want the punishment against the defendant by mutual consent with the victim, the first offender who has no criminal history, and all of the sentencing conditions specified in Article 51 of the Criminal Act as stated in the record.

arrow