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(영문) 광주지방법원 2018.04.20 2017고단5147
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From February 4, 2016 to July 28, 2017, the Defendant is a food distributor E-delivery operated by the victim D in Gwangju Northern-gu to engage in food delivery, business, or collection affairs.

On June 22, 2016, the Defendant embezzled KRW 57,101,00 by the same method 77 times from July 20, 2017, as indicated in the list of crimes in the attached Table, while he/she was in custody for the victim of the 550,00 won (10 dubs) of the above E warehouse for the victim. On the same day, the Defendant embezzled KRW 57,101,00 by the same method, from that time to July 20, 2017, as in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Confirmation of the fact of the customer victim, business registration certificate for the customer victim, fact confirmation, each fact confirmation, and details of transactions;

1. E daily newspapers, certificates of entry and departure by item, the current status of entry and departure by item, the current status of entry and release by item of the bones, the current status of inventory identification during the A-service period, details of sales transactions, the current status of entry and departure, the E-management ledger, and the list of selling places;

1. Details of the transaction (a specification of forged fake transaction), details of forged transaction, each description of the transaction, and the detailed statement of the transaction (JJ et al.);

1. A deposit transaction details, K deposit transaction details, A's deposit details, L deposit details, collection details, and inquiry of the results of transfer transaction results, A's account in the name of Gwangju Bank, A's livestock bank account, A's livestock bank account, A's name bank account, A's Saemaul Bank account, Ko's name Saemaul Bank account, Agricultural Cooperatives account, A's name trust account, and A's name bank account, and application of the Acts and subordinate statutes of the Gwangju Bank's account in the name

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

1. Reasons for the sentencing of selective sentence of imprisonment [the scope of recommending sentence] No person who does not have a basic area (from April to January 1) (the person subject to special sentencing) [the sentence] period of embezzlement and the amount of embezzlement, and the amount of actual damage suffered by the victim due to the instant crime, are deemed to be considerable.

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