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(영문) 서울중앙지방법원 2012.11.29 2012고단5454

업무상횡령

Text

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

Reasons

Punishment of the crime

From November 8, 2006 to March 11, 2012, the Defendant has been engaged in the sales of D products and the collection of D products as Seoul Jongno-gu C branch employees.

1. Around December 3, 2011, the Defendant: (a) sold D products at the above C points and kept in custody for the said company; (b) exchanged the amount of KRW 30 million with cash 28.5 million at two nearby E-gu Seoul Central District E-gu; and (c) consumed them for personal purposes, such as cost of living.

Accordingly, the Defendant embezzled gift certificates worth KRW 30,000,000 owned by the victim.

2. The Defendant, from around December 17, 201 to January 14, 2012, kept an amount equivalent to KRW 79,660,00 for merchandise coupons sold D products at the above C points for the said company, and around that time, exchanged the amount of KRW 75,67,00 for cash exchange stores in the vicinity of Jung-gu Seoul, Jung-gu, Seoul with KRW 75,67,00 for KRW 75,67,00 for personal use, such as living expenses.

Accordingly, the Defendant embezzled gift certificates worth KRW 79,660,000 owned by the victim.

3. On January 27, 2012, the Defendant consumed KRW 94,00 for personal purposes, such as living expenses, while selling D products at the above C Point and receiving KRW 94,00 for the said Company.

In addition, the Defendant used approximately 5,229,100 won in total for personal purposes, such as living expenses, etc., over eight times as indicated in the separate crime list between around that time and around February 10, 2012.

Accordingly, the Defendant embezzled 5,229,100 won owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes to each prosecutorial investigation report (the current status of sales and return of merchandise coupons, and details of credit card use);

1. The fact that the defendant is the first offender and is against the crime, and the defendant is the reason for sentencing under Articles 356 and 355(1) of the Criminal Code of the relevant criminal facts.