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(영문) 서울북부지방법원 2018.04.26 2018고단147
업무상횡령
Text

The punishment of the accused shall be eight months by imprisonment.

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

Reasons

Punishment of the crime

On October 13, 2017, the Defendant was sentenced to imprisonment for 8 months with prison labor for a violation of the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts, at the Seoul Central District Court, and the judgment was finalized on October 21, 2017. On January 10, 2018, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for 4 months at the Seoul Central District Court for larceny, and the judgment became final and conclusive on January 18, 2017.

The Defendant served as a service company B from September 29, 2014 to May 2015 as an employee belonging to the service company B, and served as a dispatched employee from the victim D's stores located in Yongsan-gu Seoul Metropolitan Government as E's stores in Yongsan-gu, Seoul, and has been engaged in the business of collecting electronic equipment red, selling, and receiving prices.

On March 2, 2015, the Defendant sold 4 electronic equipment, such as cooling and cooling, to the customer F, who found his location, and received 2,400,000 won, which is part of the sales proceeds, from the bank account in the name of the victim (Korean bank G), not from the bank account in the name of the victim, but from the bank account in the name of the victim (SC Bank H) and used the said money for personal purposes while keeping it for the victim.

In addition, the Defendant embezzled the total amount of KRW 14,859,000 owned by the victim who was kept in his/her business for nine times as stated in the list of crimes by either directly receiving the sales proceeds in cash from January 17, 2015 to May 4, 2015, or receiving the transfer of the sales proceeds to the bank account in the name of the Defendant’s personal name, or disposing of the electronic equipment at will, as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A complaint, a report on investigation (Submission of additional data by an appellant), and a report on investigation (Preparation of a list of crimes committed);

1. Previous convictions: References to inquiries, such as criminal history, reports on criminal investigations (the recent punishment of the suspect and confirmation of the facts in trial);

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 37 of the Criminal Code for the Treatment of Concurrent Crimes

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