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(영문) 서울남부지방법원 2018.06.20 2017고단5856

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, from January 2014 to June 2016, was engaged in accounting, product entry, and delivery in “D” operated by the victim C from January 2014 to June 2016.

1. The Defendant, around April 7, 2014, deducted KRW 101,00, which is a part of his/her business, from the “D” office located in Gangseo-gu Seoul Metropolitan Government, and from the collection of Kimchi proceeds sold to the Do and retail stores, during his/her business keeping.

In addition, from around that time to May 21, 2016, a total of KRW 104,063,50, including the Defendant’s personal use, was embezzled by using the same method as above throughout 264 times, such as the list of crimes in the attached list of crimes.

2. From July 2015 to June 2016, the Defendant voluntarily released 1,360 gambling from “D warehouse” located in Gangseo-gu Seoul Metropolitan Government F and from “H warehouse located in Jung-gu Incheon Metropolitan Government” to the Defendant’s personal use, the Defendant embezzled 4,670 gambling worth KRW 10,000 per 10kg g 10,000 from “D warehouse” to the Defendant’s personal use, and arbitrarily released 1,360 gambling from “H warehouse” to the Defendant’s personal use, and embezzled 4,670 gambling worth KRW 46,70,00 in total for the Defendant’s personal use.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C in the second police interrogation protocol against the accused (including the trading ledger and details of entry and departure transactions);

1. Statement made by the police against C;

1. A written confirmation of the preparation of the defendant and the details of the grounds embezzled (related to paragraph (1) of the crime);

1. A written confirmation of the preparation of the defendant (related to paragraph (2) of the crime);

1. Written complaint filed by C;

1. The current status of goods shipped in trust by the complainant company;

1. The president of the complainant company and the president of the department of business in which mining has been conducted;

1. Application of Acts and subordinate statutes to certificates of deposit transactions (the bank account opened by the name of the defendant);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the crime (the occupation of occupational embezzlement and, collectively, the choice of imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.