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(영문) 춘천지방법원 원주지원 2013.12.18 2013고단609
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, from October 1, 1997 to June 28, 2013, worked as a sales member of the limited partnership company D, the injured party in the original city C, and was engaged in the supply and collection of alcoholic beverages.

On August 31, 2007, the Defendant collected KRW 165,000 from the F liquor stores located in Suwon-si E, and consumed for personal purposes around that time while being kept for the company for business purposes.

In addition, from around that time to March 29, 2013, the Defendant consumed total of KRW 101,762,666 in the same way, such as the list of crimes in the attached Table, in total, 71 times.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each investigation report (attached data, such as the president of the Sales Office, attaching a written resolution of expenditure, attaching a certificate of balance of claims, and committing methods);

1. Results of confirmation of balance, current status of claims to be repaid as of March 2013, confirmation of balance of transaction partners A, details of passbook transactions, ledger of sales office, disbursement resolution, application of statutes governing confirmation of balance of claims;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. A punishment is determined as ordered by taking account of the following factors: (a) unfavorable circumstances, such as the fact that the reason for sentencing under Article 62-2 of the Social Service Order Act does not have much damage and the failure to reach an agreement with the victim; (b) Defendant reflects the victim’s mistake; (c) Defendant deposited KRW 33 million for the victim; (d) the total amount of unpaid wages and retirement allowances reaches approximately KRW 37 million; (e) favorable circumstances, such as the primary offender; and (e) other favorable circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) circumstances after the crime

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