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(영문) 광주지방법원 해남지원 2016.08.11 2016고단214
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 5, 2011, the Defendant joined the victim limited company E operated by D in Namyang-si, Namyang-si, and was in charge of selling alcoholic beverages and receiving alcoholic beverage payments from October 2013 to January 31, 2015.

On April 8, 2014, the Defendant embezzled KRW 24,394,540,00 in total for private use, as shown in the list of crimes in the attached Table, from around 28 times until January 30, 2015, while receiving KRW 460,000 for alcoholic beverages from G, which is a business partner of the victim company located in the Jung-gu Incheon Metropolitan City F market, for the sake of the victim company, the Defendant spent KRW 250,00 for entertainment expenses and other private use.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A complaint (including all attached documents, etc.);

1. Application of Acts and subordinate statutes to a criminal investigation report (including both the accompanying documents and accompanying documents);

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) (including comprehensive) of the Criminal Act concerning criminal facts, the grounds for sentencing of sentence of imprisonment with prison labor;

1. Application of the sentencing guidelines [type determination] There is no type 1 (less than KRW 100,00) (the amount of less than KRW 100) (a decision on the recommended area] (a decision on the recommended area] (a decision on the recommended area of punishment between April and April);

2. The Defendant, who was sentenced to a suspended sentence for the crime of embezzlement against the victim identical to the instant case, committed the instant crime in spite of the fact that he was sentenced to a suspended sentence after being sentenced to a letter of indictment from the injured party during the course of being tried for the crime of embezzlement.

Considering the above circumstances and the fact that the defendant was unable to receive a letter from the injured party, the damage has not yet been recovered, and that the amount embezzled by the defendant is not significant, a sentence of punishment is inevitable.

In determining a specific sentence, it shall be taken into consideration in favor of the defendant's reflection, and other factors.

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