beta
(영문) 서울북부지방법원 2017.03.30 2016고단5945

업무상횡령

Text

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

Reasons

Punishment of the crime

The Defendant is a person who has been in charge of management duties while serving as a general manager in the “E” operated by the Young-gu Seoul Victims D from around April 2012 to April 2016.

On February 2, 2012, the Defendant: (a) made it difficult for the Defendant to verify the sales of the Defendant by comparing the amount deposited in the daily sales table and the card company on the day of the crime; (b) made settlement to customers in cash at a discount of 10 to 20% of the food value; (c) made settlement in cash, the Defendant chosen a “credit card” in the calculation method of the POS machine; (d) made settlement in cash by the customer; and (e) made the settlement by using the card of the Defendant or his family members; and (e) made the settlement by using the card of the Defendant or his family members; and (e) intended to cancel the approval immediately after approving the settlement; and (e) intended to use the cash received from the customers as food payment.

On February 11, 2012, the Defendant paid KRW 50,00 by using the Defendant’s husband F’s BC card in the above manner at the above place, but revoked the approval, and embezzled KRW 50,000 for personal purposes, which would bring about KRW 50,000 delivered from customers. From this point to April 14, 2016, the Defendant spent KRW 129,258,60 in cash, which was kept in business for the above restaurant over 844 times, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against the accused (two times, replacement of the accused);

1. Each police statement made to D or G;

1. Details of approval and revocation of credit cards;

1. A table of total sales;

1. Receipts:

1. Cases of cancelling sales by card number;

1. A report on investigation (for data submitted by a complainant, the details on the arrangement of a black slips, and the details on the cancellation of credit cards;

1. Application of statutes, such as the details of approval and revocation of credit cards;

1. Relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts (a comprehensive determination of imprisonment).