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(영문) 서울북부지방법원 2018.11.23 2018고합182

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Criminal facts

From June 23, 2009 to June 23, 2009, the Defendant served as a sales employee at a mutual clothes wholesale and retail company of the victim C’s operation “D” in Seoul Jung-gu, Seoul as a sales employee, and was engaged in the sales of clothing up to March 31, 2017 and managing the price thereof.

On February 24, 2017, the Defendant sold clothing to “E”, and then transferred KRW 500,000 to the F bank account (Account Number G) in the name of the Defendant, other than the above company’s related account, and used the money for personal purposes, such as living expenses, around that time, while in the course of business custody for the victim, and embezzled the money totaling KRW 502,62,00,00 (total KRW 597,527,00,000,000, in total, by similar means over 2,176 times from May 3, 2013 to March 24, 2017, as shown in the List of Crimes 1, without returning the money to the victim for personal purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution (including a cross-examination part of the C division);

1. Each protocol concerning the examination of the suspect of the police against the accused (including the cross-examination part of the C division);

1. Each police statement made to C and H;

1. A written statement prepared by the defendant;

1. The complainant, each fact confirmation document, private employee, entry and exit details of the A passbook, the details of entry and exit details of the I passbook, the list of entry and exit details of the J, K entry and exit details of the I passbook, and the arranged details of entry and exit details of the I passbook, A, and I passbook entry details, liquidity transaction details, (A, F Bank) inquiry (A, F Bank), liquidity transaction details, (I, F Bank) inquiry of liquidity transaction details, (A, L Union), company employees, retirement allowance receipt, performance, and waiver statement, sales slip, receipt (A, B-2, January 2, 2017), the former sheet, receipt (2, March 2, 2017), the F Bank-related party details, the list of customers and telephone numbers, the I Account entry details, and the list of crimes submitted by the complainant, and the person himself.