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(영문) 대구지방법원 2019.08.13 2019고단2313
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 April 19, 2018 to November 30, 2018, the Defendant served as an employee of the Victim C Co., Ltd. (hereinafter referred to as “victim”) who is a liquor wholesaler located in Daegu Dong-gu, Daegu-gu, and engaged in the delivery and collection of alcoholic beverages.

On September 14, 2018, the Defendant voluntarily consumed the Defendant’s personal debt repayment, etc. at around that time, while making a cash deposit of KRW 10,230,00 for the damaged company at the “E main store” of the damaged company located in Daegu-gu D, Daegu-gu.

In addition, from around that time to November 16 of the same year, the Defendant embezzled the total amount of liquor amounts of KRW 25,378,980 from trading companies in the same manner as indicated in the attached list of crimes, and embezzled it by arbitrarily consuming it for private purposes, such as the Defendant’s repayment of personal debt.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of a certificate, each statute on sales;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment for upcoming one month to ten months;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for six months, probation for two years following the suspension of execution, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and the conditions of various sentencing as shown in the arguments of this case shall be determined as the order.

Unfavorable circumstances: The defendant voluntarily consumes alcoholic beverage prices that he/she has collected as his/her duties, and thereafter.

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