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Reasons
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(영문) 서울중앙지방법원 2014.10.30 2014고단5940
업무상횡령
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant was a manager who manages the overall business, sales, etc. at the E-cafeteria operated by the victim D in Seocho-gu Seoul Metropolitan Government from January 2013 to May 2014.

On January 2013, the Defendant retired KRW 5,960,690 while he/she was in the custody of the said restaurant in the course of performing his/her duties, and embezzled KRW 84,613,160 by arbitrarily consuming the total amount of cash sales in the restaurant from around that time to April 2014, as shown in the attached list of crimes, from around that time.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of the Act and subordinate statutes on January 2013 to April 2014, 2014, and the Aniter’s embezzlement.

1. Grounds for sentencing under Articles 356 and 355 (1) of the Criminal Act, comprehensively including relevant provisions concerning the facts constituting an offense;

1. He/she shall be punished by imprisonment with prison labor for up to four months from April 1 to April 1 in the basic area of embezzlement against the recommended type of embezzlement of the sentencing criteria;

2. The Defendant’s primary offender is against the law, and the primary offender is not a large amount of favorable circumstances or the amount of damage, and the Defendant’s age, character and behavior, home environment, background, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments of this case, including the circumstances before and after the crime, shall be determined as above, taking into account the following factors.

Parts of innocence

1. Around January 2013, the Defendant retired KRW 6,739,69,690 while working in custody of the said restaurant for business purposes, and embezzled KRW 85,39,160 by arbitrarily consuming the total amount of cash sales in the restaurant from around that time to April 2014, as shown in the separate list of crimes, from around that time.

2. According to the statement on the Mevaluation Receipt on January 8, 2013, the total cash on January 8, 2013 is not KRW 126,500, not KRW 157,000, and the same month.

9. Gross cash is not 44,000 won, but 326,000 won for the same month, and 250,000 won for the total cash.

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