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(영문) 대전지방법원 천안지원 2016.07.14 2016고단685
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From April 2012 to February 24, 2014, the Defendant was engaged in the delivery and collection of goods as a “D” employee of the victim’s “D” in the operation of the victim located in Seoan-gu, Seoan-gu, Seoan-si.

around November 10, 2013, the Defendant embezzled the amount of KRW 480,925 from the “F” located in Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on November 10, 2013, by arbitrarily consuming KRW 62,760,737 by the same method for 89 times from around that time to February 24, 2014, as indicated in the list of crimes committed in the attached Table, while he/she consumed the amount of KRW 480,925 for personal purposes, such as repayment of the Defendant’s debt, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to C;

1. A complaint;

1. A written confirmation for approval of cash;

1. A certificate of accounts receivable;

1. Mobile phone text and photograph;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 356 and 355(1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Types of Determination] - Types 1 (where special sentencing factors are less than 100 million won - [person subject to sentencing] mitigated elements: In a case where punishment is not or significant damage is recovered, [the scope of recommendation] mitigated elements / [the scope of recommendation] January to October / [the general sentencing factors] aggravated elements: applicable legal provisions in a case where embezzlement is committed / [the scope of punishment] applicable statutory punishment under Articles 356 and 355(2) of the Criminal Act: (1) to 10 years [the scope of suspended sentence] - Main reasons: positive (where significant damage is recovered), - General consideration factors - positive (decision on suspended sentence) / [the amount of punishment] cases, but it is not easy to pay damages, and there is no agreement that only the victim has reached an agreement to do so with the victim, and it does not reflect the same kind of crime.

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