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(영문) 부산지방법원 2013.04.30 2013고단538

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2008, the Defendant, as an employee of the limited partnership C in Busan-gu B, has been engaged in the business of delivering alcoholic beverages to C's customers including G cafeterias operated by the victim F in Yangsan-si using D cargo vehicles.

The Defendant: (a) delivered alcoholic beverages, which are less than the invoice on the sales of alcoholic beverages by deceiving the quantity of the supplied alcoholic beverages to which the said F believed and did not confirm the quantity of the supplied alcoholic beverages; and (b) intended to embezzled alcoholic beverages by selling remaining alcoholic beverages to other customers.

Around November 5, 2012, the Defendant kept a total of 30 boxes of alcoholic beverages, including 10 boxes of beer and 20 boxes of alcoholic beverages, in the above C, and embezzled a total of 24 boxes of alcoholic beverages, including 8 boxes of beer and 16 boxes of beer, at the above G restaurant, and embezzled a total of 6 boxes of alcoholic beverages, including the rest of 2 boxes of beer and 4 boxes of beer, by arbitrarily selling them to other customers around that time.

In addition, the Defendant, from October 201 to November 5, 2012, embezzled the total amount of alcoholic beverages of KRW 45,275,800, totaling KRW 1,508, including the market price of KRW 12,640,00,000 in total on every day of delivery, as described in the attached Table of Crimes, and on every day, 176 times in total, as indicated in the attached Table of Crimes, at least 32,640,000, the market price of which is equivalent to KRW 12,635,80,00, by arbitrarily selling to other customers around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act (Consideration of agreement, reflection, etc. with victims);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;