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(영문) 광주지방법원 2017.05.10 2016고단3696
업무상횡령
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

From the end of August 2014 to December 9, 2014, the Defendant was in charge of the business department in Gwangju Mine-gu, Gwangju Mine-gu, Gwangju Northern-dong, Young-dong, Youngdong, Youngdong, and Songdong-dong, etc., and was in charge of the business department, and the Defendant was in charge of the business affairs and transportation of members on behalf of D, and the victim E (the victim E is 47 years old, south) is the representative.

On September 29, 2014, the Defendant received 829,000 won for the purchase of goods from D members in cash in the Young-gu, Gwangju, Young-dong, Young-dong, Young-dong, Young-dong, and Song-dong, and embezzled 80,000 won for the purchase of goods for personal use by December 9, 2014, such as deposit of 80,000 won out of the purchase price and not delivery of 29,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the investigation report (a copy of the price of goods and attachment of the list of crimes), one copy of the price of goods, a criminal report (related to the amount of damage), a certificate verifying transaction details of management expenses of the company (50 million won) 1 of Chapter 1 of the Act and subordinate statutes;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (including), and Article 355 of the Criminal Act, the choice of fines for criminal facts;

1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, such as the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances of sentencing as indicated in the record.

Defendant is led to confession, and is against himself.

Defendant has no record of criminal punishment for the same crime.

On the other hand, the defendant did not recover damage to the victim.

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