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(영문) 대전지방법원 2016.04.21 2016고단746
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 7, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for embezzlement, etc. at the Daejeon District Court on March 28, 2014, and the judgment became final and conclusive on March 28, 2014, and completed the execution of the sentence at Daejeon Prison on April 21, 2014.

The Defendant is a person in charge of selling goods and collecting money from July 2014 to January 11, 2015, operated by the victim D in Daejeon-gu, Daejeon-gu, to E, and at the end of night, to a person in charge of mixing goods and collecting money at night.

On January 10, 2015, the Defendant was engaged in the sales and collection of goods at the above convenience store around 23:00, and around January 11, 2015, around 05:10 on January 11, 2015, the Defendant cited a game card of KRW 150,000,000 on the game card in the Kabroe, which was kept on duty for the victim, KRW 11,000 on the game card, KRW 10,000 on the game card, KRW 10,000 on the 50,000 won on the game card, KRW 9,00 on the convenience store, KRW 10,00 on the 12th,00 on the cultural merchandise coupon, KRW 4,020,00 on the total of KRW 17,00 on the Kabro.

Accordingly, the Defendant embezzled the property owned by the victim in the course of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Re-verification table;

1. Results of investigation (to hear statements from victims);

1. A report on the occurrence of a crime;

1. Previous convictions: A written reply to inquiries, such as criminal history, results of investigations (A), judgment of repeated crime), application of each judgment, current status of confinement of individuals;

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

1. In light of the fact that the defendant had the same criminal record as the defendant for the reason of sentencing Article 35 of the Criminal Act for aggravated repeated crimes and due to that reason, the defendant again commits the crime of embezzlement of the same kind of job in the instant case even though he was in the period of repeated crimes, and the damaged person has not recovered from damage caused by the instant crime and is seeking the punishment of the defendant, it is inevitable that the defendant

However, the amount of damage caused by the crime of this case is not so significant, and the defendant's seal and reflects on the crime of this case.

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