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(영문) 전주지방법원 2017.06.26 2017고단259
업무상횡령
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 became final and conclusive.

Reasons

Punishment of the crime

From June 6, 2014 to May 26, 2016, the Defendant has been working as a business employee at an agency operated by the victim D of the victim D in Yansan-gu Seoul Metropolitan City as a business employee and has been engaged in the sales and collection of milk products.

The defendant from February 16, 2016 to the same year.

4. From May 18, 201 to July 29, 2016, the sum of KRW 18,924,800 collected from F, which is the business partner, was arbitrarily consumed for personal purposes, such as living expenses, etc. while on duty for the victim, and embezzled at will during the period from May 18, 2015 to July 29, 2016, as shown in the list of crimes, 58 times as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (including DNA statements);

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of damage);

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. The reason for the sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the Act on the Suspension of Execution (amended by Act No. 100 million won) is that: (a) the mitigation area (one month to ten months) [the person who is subject to special sentencing] is not subject to punishment, or substantial damage is recovered; (b) the period of six months of imprisonment; (c) the suspension of two years of the suspended sentence is more than 18 million won; but (d) there is no history of criminal punishment exceeding the same power and fine; (e) the Defendant was committed for the purpose of living expenses, etc.; and (e) there is a favorable condition for sentencing, such as the fact that the Defendant committed an offense

In addition, the defendant shall be punished by imprisonment with prison labor in consideration of various sentencing conditions, such as the age, sex, family relationship, etc. of the defendant, and the sentence shall be determined as per the order and the execution thereof shall be suspended.

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