beta
(영문) 서울중앙지방법원 2016.07.22 2016고단2474

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

From February 24, 2011 to August 18, 2015, the Defendant served as an employee at a G store operated by the victim F, located in Jongno-gu, Seoul, E market D, Dong 2580, and sent the original order by facsimile to a factory located in the Jung-gu, Seoul, where a trader receives an order from the trader. In the factory, the Defendant sent the original order by facsimile to the factory located in the Jung-gu, Seoul, which the victim manages, and then prepare and keep the original ledger after shipping the original ledger based on the owner’s statement received from the Defendant. The Defendant was engaged in the business of preparing the original ledger and the collection ledger of the headquarters where the sales occurred by shipping the original ledger and the collection ledger, and in the E market, the Defendant was engaged in the business of keeping the original ledger and the collection ledger of the original ledger, while selling the original ledger and receiving the payment in cash, and then selling the original ledger by intentionally omitting the sale by failing to enter them in the original ledger and the collection ledger.

On October 4, 2012, the Defendant received an order from I, a trader, to release the sales proceeds from KRW 8251 (B) to a warehouse located in H in Jung-gu Seoul Metropolitan Government, and received a cash order for the sales proceeds, and used the sales proceeds for the purpose of personal use for the victim without entering the details in the original sale ledger and the collection ledger, while the Defendant without permission for the personal use for the victim.

In addition, the Defendant arbitrarily used and embezzled KRW 340,886,250 in the same way from October 4, 2012 to July 15, 2015 in the same manner as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the F and the replacement part of the J);

1. An investigation report (a list No. 11, 12 of evidence) and each accompanying document (a list No. 11, 12 of evidence).