logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2021.01.13 2020고단5779
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A. From January 2014 to May 21, 2020, the Defendant embezzled drugs equivalent to KRW 89,546,400 in total market value of KRW 331 times in total by means of the same method as the daily list of crimes in attached Table (1) from around March 14, 2017, when he/she had been in charge of business as an employee of the Mediation Agency of the Victims, who developed, produces, and sells medicines, non-pharmaceutical drugs, and salting drugs, etc. from around March 14, 2017 to around May 21, 2020.

B. On November 26, 2018, while the Defendant was in charge of the affairs set forth in the foregoing paragraph (a), he collected KRW 3.5 million from a G pharmacy pharmacist located in Gwangjin-gu Seoul Special Metropolitan City, and arbitrarily consumed the sales proceeds of medicines from the G pharmacy pharmacist and embezzled KRW 3,1180,000 for a total of 23 times, such as the daily list of crimes (2) from around that time until April 29, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against the defendant or H;

1. A complaint filed against I in the police statement protocol;

1. Application of Acts and subordinate statutes to the investigation report (the list of crimes (1), (2), and (3) submitted to the complainants), sight table, labor contract, resignation certificate, each written confirmation, attached Form, the list of goods embezzlement (transactions), majority of written confirmations, and photographic application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

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 (The conditions favorable to the defendant among the grounds for sentencing);

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

1. The scope of the recommended punishment according to the sentencing guidelines [the type of embezzlement and breach of trust], and embezzlement and breach of trust.

arrow