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(영문) 서울중앙지방법원 2018.03.29 2017고단894

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the charges No. 894 of the Highest 2017, it is against Schedule 2 of the List of Offenses.

Reasons

Punishment of the crime

around July 2012, the Defendant became aware of the victim’s purchase of other fashion sold by the victim B through Internet electronic commerce, and around August of the same year, the injured party participated in the event of a new product culture held before opening a store for virtual sales. On November 2 of the same year, the injured party became aware of the fact that he/she opened a store in the name of “D” in the name of “D” in Sungnam-si, Sungnam-si, Sungnam-si.

Around that time, the Defendant visited the victim's home store sales stores with cases and flowerss to open business, and he sprinkd with the victim by frequently purchasing bags, and then stored them for friendship with the victim, and then was in charge of household sales and management of the price at the "D" sales store operated by the victim.

【Criminal Facts】

1. The Defendant, while engaging in the above business, sold a bank owned by the victim, and was remitted to various accounts in the name of the Defendant or delivered in cash.

The prosecutor entered the sales proceeds or cash sales in the custody of the defendant in a lump sum in attached Form 1, and deducted the total amount of KRW 66,761,400 from the total amount of the civil action between the defendant and the victim, which is recognized to have been delivered by the victim as various names from the defendant, and prosecuted the total amount of the money as embezzlement.

However, since there are several accounts for which the defendant received the provisional sales proceeds, and their characteristics are different from each other, the facts charged that the defendant is guilty within the extent that it does not infringe the defendant's right of defense was re-established and entered in the court.

From April 1, 2013 to July 23, 2014, the Defendant engaged in the receipt and delivery of bank orders and the management of household sales proceeds in the aforementioned “D” store operated by the injured party.

A person who is bad and injured while working in the above store shall be the defendant.