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(영문) 울산지방법원 2017.11.30 2017고단2706
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

From June 1, 2016, the Defendant has been engaged in the sales of home appliances and the collection of proceeds in the victim's lot C store in Ulsan-gu, Ulsan-gu. The Defendant had been engaged in the sales of home appliances and the collection of proceeds in the store.

On March 27, 2017, the Defendant sold 9 of household appliances, such as Samsung TV, to customers at the said Maart shop, and used 11,250,000 won in cash deposited from the said D as a result of sales for the victim’s business, at around that time, for personal loans, etc., and used 50,650,000 won in the same manner, from that time until April 24, 2017, as indicated in the list of crimes, from around 10 times as shown in the list of crimes, from the victim’s customers.

Accordingly, the defendant embezzleds the property of the victim who has been kept in business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of the complaint filing statement and the table (netly 2);

1. In light of the following circumstances: (a) Articles 356 and 355(1) of the relevant Criminal Act regarding criminal facts: (b) the size of the sentencing [componentness] range; (c) recovery of damage; and (d) the victim’s wish to punish the victim; (c) the sentencing shall be determined as per Disposition within the scope of one basic category of occupational embezzlement, taking into account various circumstances, such as the background of the crime committed in the records and pleadings, the absence of criminal records of the same suspended sentence, and the degree of reflectivity;

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