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(영문) 춘천지방법원 강릉지원 2015.10.08 2015고단925
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that 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, as a business employee of the victim E company running from October 25, 2013 to May 28, 2015, has been engaged in the sales and collection of alcoholic beverages of the said company.

When the Defendant was at the Internet sports entertainment entertainment entertainment and the debt has increased, the Defendant received alcoholic beverages from the customer of the said victim company, and issued a deposit receipt to the customer, and entered the money in the sales equipment of the victim company into the outstanding amount, and had the Defendant receive the money by using the liquor price.

On April 30, 2015, the Defendant collected KRW 10,300,00 from Gart, etc. located in Gangnam-si F, and embezzled the said amount by arbitrarily consuming it for personal purposes, such as the repayment of the Defendant’s obligation.

The Defendant voluntarily consumed and embezzled the amount of KRW 14,755,816, a total of four times from April 30, 2015 to May 28, 2015, as indicated in the list of crimes, as shown in the attached Table of Crimes, from customers to customers as liquor payments, and during his/her business custody for the said victim, the Defendant voluntarily consumed and embezzled the amount of money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing under Article 62(1) of the Criminal Act is based on a comprehensive consideration of various circumstances, including the following: (a) there is no criminal record of the defendant who has been sentenced to the same criminal records or imprisonment; (b) there is no agreement with the victim against the crime; (c) the defendant was falsely reported that the defendant was stolen money to conceal the first crime; and (d) the defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime; and (c) the recommended sentence according

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