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(영문) 부산지방법원 동부지원 2020.02.19 2019고단933
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

From September 1, 2016 to June 15, 2017, the Defendant was engaged in the business of selling goods to the customer and collecting the price thereof while working as the “D” business operator for the victim C’s operation located in Gangseo-gu Busan Metropolitan Government.

On April 14, 2017, the Defendant sold an engine for vehicle use of an amount of KRW 85,000 at the market price to F located in Suwon-gu, Busan, and embezzled the amount of KRW 85,00 for the personal use of the Defendant, such as living expenses, etc. around that time, and embezzled the amount of KRW 36,27,300, which was deposited for the victim for personal use from October 6, 2016 to June 2017.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on inquiry of details of damage, notarial deeds, certificates of employment, confirmation of amounts receivable from customers, ledger of customers, books of customers preparation of suspects, and transaction details;

1. Relevant statutory provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act on the choice of punishment, and circumstances unfavorable to the reasons for sentencing of imprisonment: The amount of damage is heavy and have not yet been recovered from damage.

A favorable circumstance: The defendant shows his attitude to reflect his fault.

There shall be no criminal records exceeding fines against the accused.

Other circumstances, such as the age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime, etc., shall be determined as per the order.

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