(영문) 서울남부지방법원 2014.12.30 2014고단4538

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(영문) 서울남부지방법원 2014.12.30 2014고단4538

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, from May 8, 2013 to May 19, 2014, sold the clothing owned by the victim, the china, the clothing brand of the victim Schina Co., Ltd. and has been engaged in the business of selling the clothing owned by the victim and depositing the price into the victim.

Around May 27, 2013, the Defendant, at the above B in Seoul, kept an oral 112,000 won of the market value of the victim’s possession for the victim. Around that time, the Defendant sold the price in cash to the customers whose name is unknown and used the price for personal use.

In addition, from around that time to May 14, 2014, the Defendant sold 396 clothing products in cash to customers whose names are not known by the above methods, and embezzled 396 clothing products by consuming them as living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written accusation and accompanying materials of the SP World Products;

1. Application of the law of law on the details of law

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [the scope of recommending punishment] Article 62-2(1) of the basic area (4-100 million won) [the decision of sentencing] of the basic area (4-14-100 million won] [the decision of sentencing] does not have a significant amount of embezzlement. However, in consideration of various circumstances such as the partial recovery of damage, the fact that the damage was partially recovered, the fact that there was no criminal record other than a fine once, and the fact that the individual rehabilitation is currently in progress, the sentence like the order shall be determined within the scope of recommended punishment and the execution thereof shall be suspended, but the opportunity for

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