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(영문) 서울중앙지방법원 2016.12.07 2016고단7903
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant’s occupational embezzlement from July 2, 2016 to the same year.

8. From the “E” convenience store located in Jung-gu Seoul, Jung-gu, Seoul, operated by the victim C until 15.15, the victim C served as an employee during the weekend hours (from 15:00 to 01:00 on the following day) and has been engaged in the above convenience store management, goods sales, storage and settlement of accounts.

On August 15, 2016, at around 00:44, the Defendant embezzled KRW 1,755,000 for the victim’s personal use, such as household expenses, with the mind of mind, after finishing the above convenience store business.

2. On September 16, 2016, the Defendant: (a) intruded into the above convenience store entrance, which was continuously held after the commission of the crime described in the foregoing paragraph (1), to steal cash; and (b) was in front of the above convenience store operated by the victim C; (c) on September 16, 2016, the employee at the time opened the entrance as a key to the said convenience store and intruded into the convenience store in order to bring the toilet into the toilet; and (d) cut off cash of KRW 1,023,00, which is the victim’s possession, from the wall under the direction of the said unit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written statement;

1. Application of the CCTV image-related Acts and subordinate statutes to each convenience store;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement and the choice of imprisonment), and Article 330 of the Criminal Act (the point of larceny of night buildings);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in favor of the accused):

1. Based on the reasons for sentencing under Article 62-2 of the Probation Criminal Act, the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, are comprehensively taken into account.

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