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(영문) 대전지방법원 2017.01.12 2016고정1395
업무상횡령
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Records] On April 7, 2016, the Defendant was sentenced to imprisonment with prison labor for not more than ten months at the Daejeon District Court for the crime of conflict, etc., and the judgment became final and conclusive on July 9, 2016.

[Criminal facts] From February 22, 2016, the Defendant served as a part-time employee of the convenience store in Seo-gu Daejeon, Daejeon as a part-time employee of the convenience store, and engaged in such business as store management, product display, and product sale.

On February 23, 2016, from around 00:00 to around 00:0, the Defendant, while working at the convenience store in Seo-gu Daejeon, was in custody of the sales price of goods at the above convenience store in the course of business, embezzled cash of KRW 311,450, which was kept in a depository within the convenience store in around 07:30 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (investigation related to the amount of damage to the victim - Specific amount of damage);

1. CCTV closure photographs;

1. Previous convictions: References to inquiries, such as criminal history, replys to inquiries, previous convictions and application of Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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