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(영문) 광주지방법원 2018.08.23 2018고단1311

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 25, 2013, the Defendant entered into an entrustment management contract with the victim C, a clothing company, around April 4, 2013. From around April 4, 2013, the Defendant, who received clothes from the victim company in Gwangju Seo-gu, and sold them to the customer and deposited the proceeds into the victim company, agreed to receive fees from the victim company and return the remaining stocks to the victim company.

On September 18, 2015, the Defendant, upon lack of living expenses, arbitrarily sold the clothing owned by the victim company to raise living expenses. On September 18, 2015, the Defendant sold 1 punishment amounting to 39,000 won at the market price entrusted by the victim company to customers in cash at the above store, and then arbitrarily used it while receiving the sales proceeds from customers and keeping them for the sake of the victim company.

In addition, from around that time to April 14, 2017, the Defendant sold 421 items of clothing worth totaling 54,385,100 won to customers in cash and used sales proceeds as living expenses, etc. over a total of 91 times, as shown in the list of crimes in the attached list of crimes.

Accordingly, the defendant embezzled the property owned by the victim company while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the accused by the prosecution (including each statement aboutG and H);

1. Statement of the police statement related to G;

1. Complaint;

1. Details of damage (272 pages of evidence records);

1. Application of Acts and subordinate statutes to investigation reports (reports attached to details of final damage), investigation reports (specific list of crimes), investigation reports (specific list of crimes);

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1.Article 62(1) of the Criminal Code of the Republic of Korea;

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation is that the defendant confessions himself/herself to commit a crime and reflects his/her mistake, and is the victim.