beta
(영문) 인천지방법원 2017.04.13 2017고단386

업무상횡령등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 11, 2014, the Defendant, who was employed as a gas station at the Ccellp station located in Young-si, Young-si, Seoul Special Metropolitan City (Seoul Special Metropolitan City), which was operated by the injured party’s car energy, was in charge of the sales of gas stations, credit bonds, and cash sales, etc., while working as the general affairs office from February 1, 2015 to September 2016.

2. Criminal facts;

A. (1) From February 2, 2015 to September 9, 2016, the Defendant embezzled the 13 dump dump of gasoline amounting to KRW 36,957,200 in the market price by taking advantage of the Defendant’s embezzlement, stating the difference as if the Defendant sold oil held by the victim’s company on behalf of the victim and sold only a small amount of oil that is less than the actual total stock quantity, and then embezzled the 13 dump of gasoline amounting to KRW 36,957,200 in the sale day, by taking advantage of the Defendant’s embezzlement.

(2) Around April 2016, the Defendant collected KRW 929,237 from D, the business partner, at the oil station, and embezzled the amount for the Defendant voluntarily consumed the amount for personal use, around that time.

(3) 피고인은 2016. 8. 경 위 C 셀프 주유소에서 불스 원 샷 72개, 사계절 워 셔 액 57개 등 978,000원 상당의 유 외상품을 판매하고 그 대금을 피해자를 위하여 업무상 보관하던 중 그 무렵 개인적인 용도로 임의 소비하여 이를 횡령하였다.

(4) On August 18, 2016, the Defendant sold oil equivalent to KRW 2,460,000 in cash to the victim company’s oil in the oil station at the above Ccellp station and embezzled the amount for which the Defendant deposited KRW 1,552,00 for the victim’s business on behalf of the victim, and used the remainder of KRW 908,00 for personal purposes.

In addition to the embezzlement as above, the Defendant did not deposit KRW 20,573,300 from September 7, 2016 to the company and did not deposit KRW 20,573,300.