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(영문) 춘천지방법원 2016.02.02 2015고단1150
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant from February 19, 2015 to the same year.

5. up to 29. A person who has been engaged in the duties, such as the supply of military units, in D Management of Victims C in Chuncheon City, by the end of 29.

1. A thief: (a) around March 25, 2015, the Defendant stolen the Victim C’s DNA tobacco market value at KRW 2050,000,000 from the foregoing D warehouse; (b) around 08:30,000,000,000 won.

2. On May 4, 2015, the Defendant: (a) was engaged in occupational embezzlement of KRW 2,050,000 of the market price of 50 smoke flus tobacco to be supplied to the place in large PX; (b) from March 2015, 2015, the Defendant: (c) was engaged in occupational embezzlement of KRW 2,050,000; (d) was arbitrarily sold from Chuncheon E E-si; and (e) was engaged in the same year from March 3, 2015.

5. Until the end, approximately KRW 29,836,00, total market price of 13 times in total, as shown in the list of crimes in the annexed sheet of annexed crimes, approximately KRW 26,852,40,00,000, as recorded in the public complaint, is Osan (see, e.g., investigation report (see, e., relation to the amount of damage). Tobacco amounting to KRW 708,00,000, was embezzled.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer against G, H, I, and J;

1. Each police statement made to C and K;

1. Ten copies of the number of non-identical goods;

1. Investigation report (related to determining the amount of damage);

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions concerning criminal facts, Articles 356, 355(1) (the point of occupational embezzlement), and 329 (the point of intent) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment, respectively;

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

1. 집행유예 형법 제 62조 제 1 항( 아래의 양형 이유 중 유리한 정상 참작) 양형의 이유 ▣ 양형기준 제 1 범죄( 절도) [ 권고 형의 범위] 일반재산에 대한 절도 > 제 2 유형( 일반 절도) > 감경영역 (4 월 ~10 월) [ 특별 감경 인자] 처벌 불원 제 2 범죄( 횡령 ㆍ 배임) [ 권고 형의 범위] 제 1 유형 (1 억원 미만) > 감경영역 (1 월 ~10 월) [ 특별 감경 인자] 처벌 불원 또는 상당부분 피해 회복된 경우 다수범 가중에 따른 최종 형량범위 : 4월 ~1 년 3월...

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