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(영문) 부산지방법원 2017.02.09 2016고단7993

업무상횡령등

Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months;

2.Provided, That this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who was engaged in the management of the sale and sale of clothing at the G clothing store operated by the victim F in Busan Jin-gu from August 201 to March 2016, and Defendant B is a person who was engaged in the sales of clothing at the above store from August 201 to March 2016.

1. The Defendants’ special larceny 37 points out of 1,774,000 female clothes worth KRW 1,774,000 in total of the market prices owned by the victim F, which were displayed in the said G store around February 27, 2016 at around 22:30.

From March 16, 2016 to March 16, 2016, women's clothes equivalent to KRW 2,090,000 were stolen on three occasions, as shown in the list 1 of the crimes in the attached Form.

As a result, the defendants stolen the victim's property together.

2. Defendant A

A. A. Around January 6, 2015, the Defendant received KRW 626,00 from the victim of the said G store to his/her account (H) and kept in custody for the victim. The Customer deposited KRW 608,000 in his/her account, and the remaining KRW 18,000 in his/her account was consumed for personal purposes, such as living expenses, at around that time, from the day of Busan City to September 22, 2015, and used KRW 32,384,200 in the same way in total from the place of Busan City, such as the day table 2 to September 22, 2015.

Accordingly, the defendant embezzled the property of the victim while on duty.

B. A thief, on March 9, 2016, at around 22:25, the Defendant stolen a thief by suffering 1 clothing points equivalent to KRW 62,000 from the market price owned by the victim F, which was displayed at the store in the above G clothing store.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to F and I;

1. Each statement;

1. Application of Acts and subordinate statutes to a report on internal investigation (limited to the attachment of a detailed statement of transactions from entry and withdrawal), and each investigation report (limited to 17,23 times a month);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;