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(영문) 광주지방법원 순천지원 2021.03.25 2020고단745

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On November 14, 2019, the Defendant was sentenced to a suspended sentence of three years of imprisonment with prison labor for the crime of confinement among the pure support of the Gwangju District Court. The above judgment became final and conclusive on June 19, 2020.

[2] The Defendant served from D to April 10, 2017, which is operated by the victim C of the victim C in the south Mineyang-si, and was engaged in the delivery, sale, and collection of alcoholic beverages.

1. The Defendant received liquor payments from the business proprietor as an individual account under the name of the Defendant, and did not pay them to the victim and used them at will to embezzled.

On January 2, 2018, the Defendant received KRW 2,00,000 from the business owner in the E main office located in the south of the city of 193,00 from the business owner to the account under the name of the Defendant and kept in custody for the victim. Around that time, the Defendant used the amount for personal purposes, such as living expenses and debt repayment, etc., for the victim, instead of delivering it to the victim.

From July 15, 2017 to February 3, 2019, the Defendant consumed the total amount of KRW 33,577,000,00 for alcoholic beverages kept on duty for the victim 53 times in total, as shown in the attached list of crimes (1) from around July 15, 2017.

Accordingly, the defendant embezzled the property of the victim who was under custody in the course of business.

2. The suppliers of alcoholic beverages shall settle the proceeds of alcoholic beverages by depositing the proceeds of alcoholic beverages to be paid in the settlement account and settling them on the terminal of the suppliers through an exclusive alcoholic beverage wholesale card that is linked, and shall, for convenience, be entrusted to the employees of the suppliers and settle the monthly payments by transferring them to the settlement account not later than the settlement date.

The Defendant received payments from the customer who received alcoholic beverages from D and did not pay payments on the D’s exclusive wholesale card for alcoholic beverages from the customer, but did not pay payments on the D’s exclusive wholesale card for alcoholic beverages, and did not pay an amount equivalent to the alcoholic beverage payments from the settlement account for embezzlement.

The Defendant left before March 4, 2018.