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(영문) 의정부지방법원 2013.05.21 2013고단640
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From April 2004 to September 20, 2012, the Defendant is a person who was in charge of business and various events against customers while working in D’s victim E, a corporation operated by D, and around September 6, 2006, the Defendant purchased 420,000 won of clothes for the Defendant using the Korean ScC Card (Credit Card No. F), which is a corporation card (the card that was kept by the Defendant for ordinary customers at the department store in Songpa-gu, Songpa-gu, Seoul, and purchased 420,000 won for the Defendant, using the corporation card kept by the Defendant, and purchased goods for the Defendant using the corporation card kept by the Defendant, etc. from around that time to June 28, 2012, and purchased goods equivalent to 15,093,70 won in total over 254 times in total, as indicated in the list of crimes in attached Table No. 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to data on the details of card use and evidential data related to the defendant's crime ( Various card use statements);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the selection of criminal facts;

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

1. Scope of sentencing under Article 62(1) of the Criminal Act: Final scope of sentencing recommended by sentencing guidelines from January to 15: From June 2: Imprisonment to June 2: [type of crime] the group of embezzlement and breach of trust crimes, which amounts to not less than KRW 100 million but less than KRW 500 million [Special Aggravation of Punishment: None of the factors of aggravation of punishment: Reduction [the range of recommending punishment] mitigation area (from June to 2 years): Reduction area (the range of imprisonment to June 2): Reduction area (no mitigation factors of general sentencing): Recommendations of mitigation area: serious half or suspension of execution based on sentencing guidelines with which there is no history of criminal punishment [the main reasons for suspension of execution] There is no positive reason: there is no positive reason: there is no other positive reason.

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