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(영문) 부산지방법원 2018.01.24 2017고단1118
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From March 2012 to January 20, 2016, the Defendant has been engaged in delivery and collection of fishery products wholesale and retail business D operated by the victim C (67 years of age) located in Busan Jung-gu.

Defendant was working in D during the above period, and collected total of KRW 28,521,00 from G of F restaurant in Young-gu in Busan Metropolitan City E, and used it for personal purposes, such as entertainment expenses, around that time, for the victim.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. G statements;

1. Complaint;

1. Application of Acts and subordinate statutes to a copy of loan certificate;

1. Articles 356 and 355 (1) of the Criminal Act relating to the facts constituting an offense;

1. Reasons for sentencing of selective sentence of imprisonment [the scope of recommending sentence] Type 1 (less than 100 million won) in the basic area (from April to January 1) (no person subject to special sentencing] [the decision of sentencing] 6 months in imprisonment;

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