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Reasons
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(영문) 서울동부지방법원 2018.10.25 2017고단1980
업무상횡령
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From May 17, 2016 to December 16, 2016, the Defendant served as a management station of the D gas station operated by the victim B in Incheon Nam-gu, Incheon.

1. On September 4, 2016, the Defendant embezzled KRW 10,482,99,00,000,000,000,000,000,000,000,000,000 won, in total, for the sake of a total of 49 times, as indicated in the list of crimes in the attached Table, when the Defendant kept the gas station customers in cash for the sake of the victim. In addition, the Defendant embezzled the electronic data as if the customers engaged in credit transactions with the gas station, and used the said cash in personal use, such as entertainment expenses, etc. around that time, and embezzled it by using the said cash for an individual purpose.

2. On December 14, 2016, the Defendant brought 451,370 won in cash at the convenience store of the gas station located in the above D, while on duty for the victim, and embezzled it by using it for personal purposes, such as entertainment expenses, around that time.

Summary of Evidence

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., of the Declaration of Provisional Execution does not fully repay the amount embezzled for the reason of sentencing, and considering the fact that the defendant escaped and then his whereabouts are not very large, the amount of embezzlement shall be determined as ordered by taking into account the following factors: (a) the defendant’s previous conviction, age, sexual conduct, details of the crime and circumstances after the crime, etc.; and (b) the punishment

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