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(영문) 부산지방법원 2016.03.09 2015고단4473

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From around 2009 to November 2014, the Defendant is a person who has been engaged in business activities, business activities, delivery of goods, management of employees, etc. as the complaint of the victim C Co., Ltd. (hereinafter “Co., Ltd.”) located in 23 Dong Dong-dong, Busan Metropolitan City from around 2014.

1. From January 2012 to August 2014, the Defendant embezzled products, such as tobacco tin, etc., at his/her own discretion during the course of his/her business custody for the victim of approximately KRW 75,139,180, out of the total amount of 42,201 of the total amount of 42,201 parts of his/her rain Rabar’s seat in the instant D shop, by selling them to the victim’s company located in Busan and Gyeongnam area.

2. From January 1, 2010 to September 22, 2014, the Defendant embezzled the sum of supply price of goods at KRW 67,125,940 for seven occasions, as shown in the attached Table 1, from around January 1, 2010 to around September 22, 2014, a sum of the supply price of goods at KRW 67,125,940 for seven times, as shown in the attached Table 1.

3. Around January 22, 2014, the Defendant embezzled the operating expenses and the marketing expenses worth KRW 39,550,000,000, out of the operating expenses that he/she had been on duty for the victim in the above D, from around 13 times until August 11, 2014, from that time, he/she arbitrarily used for personal purposes, for the Defendant’s personal purposes, KRW 1,00,000, out of the operating expenses that he/she had been on duty for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of the F in the protocol concerning the interrogation of the suspect against the accused;

1. Statement made by the police with regard to F;

1. A written statement of F and G;

1. An inquiry into the inventory status, a written inquiry into debts for each customer's credit, a book of accounts receivable for each customer, sales and sales expenses, and a book of business activity expenses;

1. Investigation reports (Attachment of Details of Use of KB National Card), investigation reports (Attachment of Details of Use of New Card) and the application of Acts and subordinate statutes;

1. Article 356 of the Criminal Act applicable to the crime and Article 356 of the choice of punishment.

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