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(영문) 수원지방법원 2018.10.11 2018고단3073
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From August 13, 2015, the Defendant has been engaged in the duties such as customer management, inventory management, sales management, etc. as employees of the victim limited company D who entered the Young-gu, Suwon-si, Suwon-si B.

Using the fact that the Defendant could provide free of charge to the buyers of the organization or the customers who purchase goods in excess of a certain amount of money in the sales promotion system of the said company, the Defendant disposed of the goods in fact for personal use and intended to deliver the sold goods by pretending as if they were paid out in normal ways, and then disposed of at least 24 Bans for the stable use of the market price of 840,000 on September 20, 2015 at will until April 16, 2017 in the same manner, from that time, 269,268,800 won in total at the market price of the victim, as described in the list of crimes in the attached Table, were arbitrarily disposed of.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement E in the police interrogation protocol (two times, replacement of the accused), concerning the accused;

1. A protocol concerning the examination of each police in relation to F and G;

1. Each police statement made to H, I, and E;

1. A complaint filed by a limited company D;

1. Each investigation report (Submission of account details, submission of account details, and current sales status by store);

1. Application of Acts and subordinate statutes on the burden of proof of insured status of the National Pension Service, details of account transactions, details processed by the accused as stolen goods, and account details;

1. The scope of the comparative sentence between the applicable legal provisions on the crime, Articles 356 and 355(1) of the Criminal Act on the selection of the punishment, the grounds for sentencing of the punishment of imprisonment [the scope of the recommended punishment] [the scope of the punishment] 2 types (one to three years) (one to one year)] (no person who is subject to special sentencing] and the recommended sentencing range: one year to three years (decision on the punishment]. The sentence is larger than that of the defendant, and there is no recovery of damage that is disadvantageous to the defendant. The normal conditions favorable to the defendant are recognized: there is no record of criminal punishment. Otherwise, Article 51 of the Criminal Act is Article 51 of the Criminal Act.

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