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Reasons
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(영문) 광주지방법원 목포지원 2015.09.03 2013고단1588
업무상횡령
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, from February 12, 201 to February 17, 2011, worked for the E-cafeteria operated by the victim D in Heposi from February 12, 201 to February 17, 201, engaged in food delivery and collection business.

On February 17, 2011, the Defendant arbitrarily consumed KRW 34,00,00 on a total of 21 occasions, as indicated in the attached list of crimes, and embezzled KRW 6,000,00, which was collected from F apartment 207, 803, 207, and 30,000,000, in total, for a total of 21 times as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on delivery slips;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crimes: Type 1 (less than KRW 100 million) for embezzlement and breach of trust;

2. Determination of the scope of sentence: Reduction area, between 10 and 10 months (a person who is subject to special mitigation shall not be subject to punishment);

3. As to the crime of this case, a defendant who has been punished twice as a fine for the same kind of crime shall be selected to be sentenced to imprisonment in light of the fact that he/she committed the crime of this case.

However, in consideration of the fact that the defendant recognizes his mistake and reflects, that the defendant agrees with the victim, that there is no record of criminal punishment exceeding the fine, that there is no age of the defendant, the age, character and conduct of the defendant, family relationship, etc., the punishment of the defendant shall be set within the scope of the sentencing criteria

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