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(영문) 서울중앙지방법원 2013.04.04 2013노538

업무상횡령

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who works as a business employee of the victim wholesale and retail chain Co., Ltd. (hereinafter “C”) from August 1, 2006 to May 30, 2009 and has been engaged in the sales of household goods and the collection of the price thereof.

1. The Defendant: (a) around March 21, 2008, completed the C Office located in Gwangju-si (hereinafter “E”) around March 21, 2008, prepared an order falsely as if he sells 2,880,000 won of the Biocom 300,000 won of the Biocom 30,000 goods to E Co., Ltd. (hereinafter “E”); and (b) sold the goods to mutual inorganic customers and deposited them in the business for the victim company; (c) around that time, the Defendant voluntarily consumed the goods for personal purposes at the non-permanent place; and (d) based on each evidence of the attached list of crimes (1) from around that time until October 23, 2008, the Defendant entered the list of crimes (1) in [Attachment 4] in [Attachment 4] in [Attachment 1] in [Attachment 7] in [Attachment 1] in [Attachment 1] in [Attachment 7] in [Attachment 10,200.].”

2. On September 23, 2008, the Defendant: (a) prepared and submitted an order in a false manner as if he sold the amount equivalent to KRW 6,948,00 at the C Office located in Gwangju-si (hereinafter “F”); (b) sold the goods to the mutual incompeting transaction parties; (c) sold the goods; and (d) deposited the goods for the victim company; and (b) had been kept in custody for the victim company, according to each evidence of the attached list of crimes (2) from around that time to April 23, 2009, including voluntary consumption for personal purposes at an incompeting place; and (b) based on each evidence of the attached list of crimes (2) of the list of crimes in the indictments (2) the “items 700 items, such as shampoo, shamp, shamp, etc.” in the column of “F” is “shamping shamping 4”.