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(영문) 대구지방법원 김천지원 2017.07.12 2016고단1614

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 201, the Defendant entered into a contract on the release on bail with the injured party D Co., Ltd., which operates the release on bail around April 201, and accordingly, during the period from around that time to around March 2016, the Defendant kept the release on bail owned by the injured party at the F department store G sales store located in Daegu North-gu E Co., Ltd., and the Defendant sold the release on bail to the injured party through the F department store.

1. On March 2015, from around March 18, 2016 to around March 18, 2016, the Defendant: (a) voluntarily consumed the sales proceeds of bail worth KRW 17,591,00,00 in total nine times in the same manner as in the list of crimes in attached Form 2; (b) sold H bail equivalent to the market price of KRW 1.6 million to customers in cash, which was supplied by the injured party from around March 2015 to in the store display stand; and (c) did not deposit money in cash; and (d) embezzled the sales proceeds of bail worth KRW 17,591,00 in total

2. On April 12, 2013, the Defendant offered a loan to the lending company located in Jung-gu Seoul Special Metropolitan City I as security by borrowing money from the owner of the business in name, and embezzled the amount of bail equivalent to KRW 198,816,00 (total supply value of KRW 65,080,50,501) on a total of 43 occasions between around that time and around November 19, 2015, the Defendant provided the said lending company as security and embezzled the amount of bail equivalent to the total market price of KRW 198,816,00 (total supply value of KRW 65,080,501) in the same manner as the list of crimes in attached Form 2.

3. On February 20, 2013, the Defendant: (a) entered into a sales contract for the Amond product at the market price equivalent to 9,390,000 won from customers in the above G store; (b) received 5,200,000 won from customers in advance; and (c) deposited the said money to the victim only; and (d) the balance of 4,190,000 won paid in cash from customers after the payment to the victim, including the remainder of 4,190,00