beta
(영문) 인천지방법원 2015.07.02 2015고단2416

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight 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 February 17, 2012 to October 21, 2014, the Defendant, while serving as the E of the Victim Scitius Co., Ltd. (Sasaw Co., Ltd., Ltd., hereinafter “victim Co., Ltd.”) selling clothing, etc. at the D key store located in Bupyeong-gu, Seocheon-si, Busan, and has been engaged in the storage, sale, inventory management, settlement, etc. of clothing for the Victim Company.

Around March 20, 2014, the Defendant received KRW 729,000 from the Plaintiff’s KRW 729,00,00 in the middle store store (MIE3WP170) and sold the goods to customers with the name in return for the payment of the goods. The electronic sales account book of the victim company used the goods to cover the accumulated private losses from the previous time without registering the sales as if they were in stock in the store, and used the goods for personal purposes, such as using the goods to cover the accumulated private losses in the store. From that time to October 13, 2014, the Defendant spent KRW 128 of the clothing of the victim company owned by the victim company at KRW 68,815,00, and sold the goods for the same time, and consumed the goods for personal purposes as described in the attached list of crimes.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports (Preparation of a list of damages), and investigation reports;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 1 (less than KRW 100,000) basic area ( April-1 year and April) (no person specially punished] [decision of sentence] pressure on sales of department stores, etc. was a significant cause for the instant crime, and most of the embezzlement amount was made against customers.