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(영문) 울산지방법원 2015.12.18 2014고단1049
업무상횡령
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From November 30, 2009, the defendant has been engaged in the business of selling milk and collecting money from the agencies operated by the victim C in Ulsan-gu B as a sales member by the victim C.

On November 30, 2009, the Defendant deposited 2,450,000 won out of the milk amount collected from the above agency's customer's 2,725,788 won in the middle-gu, Ulsan-gu, U.S. and then used the remainder 275,788 won for personal purposes at his own discretion.

In addition, from around that time to June 30, 2010, the Defendant embezzled KRW 12,916,206 by arbitrarily consuming KRW 12,916,206 from a day in Ulsan City to eight times, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes on the entry and withdrawal statement and transaction account books;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination on the application of the sentencing criteria (the scope of recommending punishment) category 1 (the less than 100 million won) and the basic area ( April-1 year and April) (the special person) of the sentencing criteria;

2. Determination of sentence: The punishment shall be determined as ordered by taking into account the various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that the defendant has no specific criminal history, the age, character and conduct, environment of the defendant, and the circumstances leading the defendant to the crime of this case, even though he/she has not made any effort to recover from damage even though the amount of the defendant has not been embezzled for 8 months of imprisonment, 2 years of probation, 160 hours of community service, and the period of the crime of this case, and the amount of embezzlement.

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