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(영문) 인천지방법원 2016.08.31 2016고단2602
업무상횡령
Text

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

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

Reasons

Punishment of the crime

The Defendant was in charge of the business of keeping fishery products sales and sales proceeds from the “F” operated by the victim E in Jung-gu Incheon Metropolitan City.

On November 1, 2014, the Defendant brought 6,30,000 won in cash, which is a part of the sales proceeds of fishery products, into nives, and brought about at will an amount equivalent to KRW 1,638,00 in thickness from around that time to May 4, 2015. In addition, from May 12, 2015 to July 29, 2015, the Defendant arbitrarily brought 6,00,000 won through 49 times, such as the list of crimes in the attached list of crimes.

Accordingly, the Defendant embezzled the victim's property of 2,390,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the accused (including the cross-examination part);

1. Statement of the police statement related to G;

1. A statement and a written confirmation of H;

1. The amount of each CCTV video report confirmed;

1. The screen of a CCTV-cape;

1. Application of Acts and subordinate statutes to a report on investigation (a written statement attached);

1. Article 356 and Article 355 (1) of the Criminal Act (generally, the choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., the first offender, deposit, and the occupation of the past);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

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