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(영문) 수원지방법원 평택지원 2013.05.09 2013고단339
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From May 201 to February 8, 2013, the Defendant served as a sales member in Pyeongtaek-si B, and was in charge of the sales and collection of alcoholic beverages.

On July 29, 201, the Defendant embezzled KRW 20,394,370, a sum of KRW 221,00, as indicated in the attached crime list, from around that time until February 8, 2013, by arbitrarily consuming KRW 221, as shown in the attached crime list, while collecting KRW 30,00,00 for alcoholic beverages in E-cafeteria located in Pyeongtaek-si D for the victim’s business, and using it for personal purposes, such as living expenses and repayment of debts, etc., for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Copies of each letter and each letter of confirmation;

1. Application of Acts and subordinate statutes to the table of accounts receivable for sale, and full certificate of registered matters;

1. The crime of this case on the grounds of sentencing of Article 356 and Article 355(1) of the Criminal Act relating to the pertinent criminal facts and Article 356 and Article 355(1) of the Criminal Act (amended by Act No. 1060, Jan. 1, 2005) is a case where the Defendant, while working as a sales member of a liquor company, embezzled the sales proceeds amount of KRW 20,000,000. In light of the circumstances leading up to the crime and the amount of damage, it is inevitable to sentence

On the other hand, in determining the sentence, the sentence is to be imposed in the same manner as the order, considering the defendant's age, occupation and family relationship, including the fact that the defendant is recognized as committing a crime and is against the defendant, and that the defendant has no criminal record exceeding the fine.

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