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(영문) 광주지방법원 순천지원 2016.11.24 2014고단486

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, from July 9, 2012 to April 2013, was engaged in the business of calculating sales goods, as an employee of the “Dart” operated by the victim C during a leisure season from around July 9, 2012 to around July 2013.

Around July 9, 2012, the Defendant sold goods equivalent to KRW 192,00,00, including a front bridge, to E, a customer, and received KRW 192,00 from the person, and kept the goods in custody for the victim, and pretended that the said goods were not sold by entering the goods in the sales computer as if they were returned to the victim. From around that time to April 13, 2013, the Defendant embezzled the said goods by arbitrarily consuming KRW 56,131,360 in total by the same method as shown in the attached list of crimes, from around that time to around April 13, 2013, the amount of goods received from the said E was not deposited to the victim, but used for the Defendant’s personal debt repayment, etc.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Statement by the prosecution against C;

1. Investigation reports (attached to a detailed statement of accounts, etc.);

1. Application of Acts and subordinate statutes to an investigation report (attached to a return receipt);

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