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(영문) 부산지방법원 동부지원 2017.09.13 2017고단1507
업무상횡령
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

From November 2015, the Defendant has been engaged in the delivery and collection of food, while working as delivery employee at D China's office located in Suwon-gu, Busan, which is operated by the victim B from the middle police officer.

On February 1, 2017, the Defendant: (a) delivered food at around 20:01; and (b) embezzled the victim’s property by consuming KRW 2,425,00 in total by the same way for 80 times in total as indicated in the list of crimes in attached Table from around 201 to April 9, 2017, which had been kept for the said victim’s business, entered money of KRW 18,000 in cash deposited as food for the said victim, as if the customer had settled with credit card, and then consumed the said cash for personal purposes by means of credit card; and (c) has embezzled the victim’s property by consuming it for 80 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol made with respect to B;

1. Application of Acts and subordinate statutes to a detailed statement of symptoms of cash receipt;

1. Article 355 (1) of the Criminal Act, and the choice of punishment for the crime;

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., embezzlement of KRW 2.4 million, the agreement with the victim, the amount of embezzlement is not relatively large, and the defendant acknowledges his/her mistake);

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