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(영문) 의정부지방법원 2017.08.23 2017고단2917
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from April 1, 2015 to September 20, 2016, engaged in the business and the collection of money in the D market located in Gyeonggi-ri City, Inc. E.

On July 25, 2015, the Defendant: (a) received cash a sum of KRW 3,000,000 from G located in F in the Gyeonggi-si, and used food materials for personal purposes, such as living expenses, around that time.

In addition, the Defendant used KRW 37,824,50,000 from around that time to September 20, 2016 by receiving cash receipts or cash transfers from customers over 24 times as stated in the list of crimes in the attached Table.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to H in the police statement protocol;

1. Application of each of the Acts and subordinate statutes stated in each of the following categories: a certificate of embezzlement of each customer's outstanding amount, a certificate of appropriation of outstanding amount from each customer, each cash/private passbook deposit certificate, each account transaction details, and a list of crimes (Evidence No. 28);

1. Articles 356 and 355 (1) of the Criminal Act relating to the facts constituting an offense;

1. Reasons for sentencing the choice of imprisonment with prison labor [the scope of applicable sentences under the law] 10 years [the scope of applicable sentences] and below 10 years [the scope of recommended sentences] from among the group of embezzlement and breach of trust crimes / [the scope of recommended sentences] basic area: From April to January 4 [the general sentencing person] aggravation factors: In the case of embezzlement, the amount of embezzlement of this case in June 1 to 37.8 million won is a small amount of imprisonment with prison labor (decision of sentencing] and the damage recovery was not achieved.

On April 30, 2015, the Defendant was sentenced to the suspension of the execution of 8 months of imprisonment with prison labor for the obstruction of the exercise of rights in order to prevent the exercise of rights at the closing branch of the District Court, and was sentenced to the suspension of the execution of 8 months on May 8, 2015, but the judgment became final and conclusive on May 8, 2015

Therefore, the sentence of imprisonment is imposed on the accused, and the accused is against the confession of the crime.

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