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(영문) 광주지방법원 2014.06.19 2014고단892
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From March 12, 2009, the Defendant has been working as a business employee of the victim C Co., Ltd. in Daegu-gun, Daegu-gun, and has been engaged in the sales and collection of the above company's PE food containers.

From January 29, 201 to November 30, 2012, the Defendant: (a) deposited total amount of KRW 39,307,660 from D’s management of goods for the said company; (b) did not deposit it to the said company; and (c) embezzled by voluntarily consuming goods for personal purposes, such as living expenses, at a non-permanent place around that time.

In addition, from around that time to December 2012, the Defendant embezzled KRW 123,310,817 in total by arbitrarily consuming 123,310,817 by failing to deposit the money from the customer as shown in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Grounds for sentencing of imprisonment with prison labor, Articles 356 and 355(1) of the Criminal Act applicable to the relevant criminal facts;

1. The basic area (one year to three years) of embezzlement and breach of trust within the scope of recommending punishment;

2. Defendant shall be punished by imprisonment with prison labor for a year within the scope of the above recommended sentence, taking into account the following factors: (a) the Defendant did not have the same criminal record; (b) the Defendant has committed a crime against himself; (c) the Defendant has been repeatedly committed several times in several years; and (d) the amount of embezzlement and heavy damage have not been recovered; and (d) the Defendant’s criminal record, motive,

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