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(영문) 부산지방법원 2015.06.04 2014고단9976
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

From October 1, 2013, the Defendant has been engaged in the duties such as gas station oil and gas station oil, etc. as an employee of the Djuju station operated by the victim C in the racing-si.

1. From February 19, 2014 to February 28, 2014, the Defendant: (a) provided the transit of the instant gas station via a vehicle of the customers with no name; and (b) received a total of KRW 50,789,943 from the said customers in cash; and (c) used the money for personal purposes, such as living expenses, etc. around that time, for the victim’s personal storage.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

2. On February 28, 2014, the Defendant: (a) called the victim with “to send money to farmers to sell oil; and (b) transferred the oil purchase cost of KRW 7,500,000 to the Agricultural Cooperative Account (F) in the name of the Defendant used by the Defendant from the victim on a temporary basis; and (c) had the victim keep the oil in custody on behalf of the victim.

Around that time, the Defendant consumed it for personal purposes such as living expenses at will.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on tank oil extraction time details, sales and acquisition certificates, credit transaction details inquiry, and daily sales day;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Type 1 (100 million won) (1-10 months) (Special Mitigation) in the mitigation area (1-10 months)] in cases where a significant damage has been restored [decision of sentence] in agreement with the victim, the fact that there is no criminal record exceeding the fine, the fact that there is no criminal record exceeding the fine, and the fact that

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