(영문) 청주지방법원 2016.09.22 2016고단1233

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2016.09.22 2016고단1233

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 16, 2015, the Defendant entered into a consignment contract with the victim D on or around February 16, 2015 with a person who runs a golf sales store in Cheongju-si. The content of the contract was that if the Defendant sells a golf product owned by the victim, the Defendant would pay the entire sales proceeds to the victim within three days from the date of sale, and the victim would pay the fees from the money received from the Defendant.

From January 2016 to March 2016, the Defendant sold a total of KRW 33,508,500 from the above golf sales stores, and the total of KRW 58,00,00, such as camping-ro golf drums, together with the list of crimes, and embezzled the said sales proceeds for the victim, using the said proceeds for personal debt repayment, etc. at will by the Defendant around that time.

On March 24, 2016, the Defendant continued to use the said golf sales store for the purpose of protecting 4,110,000 won from selling golf products owned by the victim for the victim. At around that time, the Defendant arbitrarily embezzled the said golf sales store under the name of the Defendant’s personal debt repayment, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing consignment contracts and certification of contents;

1. Articles 356 and 355 (1) of the Criminal Act, inclusive, with respect to the facts constituting an offense;

1. The punishment of embezzlement and breach of trust within the basic area (within four months and four months) of category 1 (within one year and four months) in consideration of the following factors: (a) the amount of embezzlement for the reason of sentencing selective punishment; (b) the failure to pay damages; and (c) the recidivism committed again after being punished by a fine as an embezzlement of the same content against the same victim within the recent one year; and (d) the punishment of embezzlement and breach of trust within the scope of the sentencing sentencing guidelines set forth in the hearing of the Supreme Court in the instant case.

except that the defendant shall have an opportunity to agree.

참조조문

-형법 제355조 제1항

-형법 제356조

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