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(영문) 수원지방법원 2018.11.29 2018고단5771

업무상횡령

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a regular business of E operated by the victim D in Osan City from June 2017 to May 2018, which is operated by the victim D in Osan City, and was engaged in the business of entering, withdrawing, managing, and selling the products of the above household store. Defendant B has been engaged in the business of entering and withdrawing products as an employee of the above household store from February 2017 to the management of contracts and sales proceeds.

The Defendants concealed the fact that Defendant A received any balance of household payments from the customers of the above household store, and Defendant B should deposit it into the account of the victim, but Defendant B did not deposit the balance into the account of the victim, and did not deposit it into the account of the victim, but collected the balance by dividing it into the account of the victim.

In addition, at around June 13, 2017, the Defendants: (a) revised the contract for the said customer while the Defendant kept the balance of 700,000 won from the customer F in his/her business for the victim; (b) concealed the fact of the balance by arranging a daily sales deposit in accordance with the modified contract; (c) divided one half of the balance by dividing it; and (d) consumed it as personal living expenses at the site from around 73 times to May 4, 2018; and (b) arbitrarily consumed it by dividing the balance of 103,70,000 won by the same method in total at the same place as shown in the list of crimes in attached Table 73 times.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes attached to contracts, etc.;

1. Relevant Articles 356, 355(1), and 30 (inclusive) of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Determination of imprisonment with prison labor

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Defendants of the community service order: The grounds for sentencing under Article 62-2 of the Criminal Act are 1.