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(영문) 의정부지방법원 2016.11.25 2016고단4470
업무상횡령
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From September 3, 2012, the Defendant, as an employee of “D”, who is the victim of Dongducheon-si C, has been engaged in the sale of goods and the management of the price thereof.

On July 12, 2015, the Defendant used approximately KRW 27,500,000,000,000 in total, as shown in the attached Table of Crimes, in order to manipulate the computer as if they were returned and to complete the business and settle the proceeds of goods purchased by customers and paid in cash, as if they were returned. In addition, the Defendant used the amount of KRW 37,500,000,000, which was fabricated by moving to the second floor office, as the cost of street collection living, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on sales details;

1. Article 356 of the Criminal Act applicable to the relevant criminal facts and Articles 356 and 355 (1) of the Criminal Act (generally and collectively, selection of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there was no agreement with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the sentence is determined as ordered by taking full account of the favorable circumstances such as the fact that the victim paid out KRW 10 million out of the total amount of damage, the fact that the defendant recognized the crime of this case, the fact that the defendant is the primary offender, and the fact that the child is supported by the defendant alone after the husband's death, and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, character and behavior, environment, means and consequence of the crime, and the circumstances after the crime.

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