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(영문) 의정부지방법원 고양지원 2018.02.08 2017고단3486
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From July 1, 2013 to July 2016, the Defendant: (a) was a person in charge of managing cash reserves necessary for calculating business and registering sales of stores in B; and (b) was aware of the fact that a certain amount of cash reserves were deposited into a depository established in the office located in the office of the head office from the Triday and the Friday’s head office; and (c) was aware of the fact that a certain amount of cash reserves were deposited into a depository established in the office of the head office; and (d) subsequently, (c) claimed an excessive amount of

Therefore, the Defendant, at the above store in the Dongsan-si, Busan-si, Seoul-si, around February 2, 2016, filed a claim for cash reserves by accessing the site of the headquarters using a computer installed therein, and received cash reserves from the headquarters to the depository in the store located in the store. As the cash reserves were collected from the headquarters as the cash reserves were collected from the bank located in the store within the store, while the Defendant kept the cash reserves for the victim B for business purposes, the Defendant arbitrarily deducted the excessive amount of KRW 300,000,000 as claimed by the above safe around March of the same year.

7. By August 7, 200, a total of 17.5 million won of the cash reserve funds owned by the victim was arbitrarily deducted and embezzled in the course of business, such as the statement in the list of crimes attached hereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Application of the relevant statutes to the details of transactions in the accounts of Korean banks and Korean banks;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] Type 1 (less than KRW 100,00) basic area ( April-1 year and April) / None [the person subject to special sentencing] / In light of the method and content of the crime, the crime of this case is very bad in light of the method and content of the crime.

The injured person is trying to severely punish the accused.

Damage has not been recovered.

However, it is against the defendant, and it is the first offense.

(2).

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