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(영문) 서울북부지방법원 2020.06.17 2020고단537
업무상횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 13, 2019, from around 17:00 to 23:00 of the same day, the Defendant was an employee at the D convenience store operated by the victim C in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, engaging in the business of selling goods and storing sales proceeds.

From December 13, 2019 to December 17:38, 2019, the Defendant, while working as an employee at the above convenience store, had been in custody for the victim of the goods sales proceeds and other items displayed therein, had arbitrarily carried out cash, 165,100 won in total, such as cash, 10,000 won cultural products in the relevant calculation unit, and physiological, tyrest, tyrep, food, mountain, tobacco, etc. in the display stand.

As a result, the defendant embezzled the property of the victim who was under custody in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to record a photograph of CCTV images and a CCTV screen summary;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the crime committed during the period of repeated crime, and the damage was recovered or the victim was not expressed.

The fact that the defendant seems to be against the defendant, and the damage itself cannot be deemed to be a large amount, etc. shall be considered as a favorable condition for the defendant, and the punishment shall be determined as ordered in consideration of the defendant's age, character and behavior, environment, occupation, family relationship, motive and means of the crime, circumstances after the crime, etc., as shown in the argument of this case.

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