beta
(영문) 대전지방법원 서산지원 2018.12.13 2018고단1036

업무상횡령

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, from August 2013 to December 7, 2017, was engaged in the sales of the right to meals and the collection of money at the above meal point as the person in charge of the D's meal service of the victim C, which is the head of the entrusted meal service business of the victim C, Inc. located in Gangnam-gu Seoul building.

On April 18, 2014, the Defendant deposited KRW 1,00,000,000,000 of cash sales of the above meal service store into the account in the name of the Defendant under the title of the Nonghyup Bank (F) and voluntarily consumed the said amount by using it to pay the card price used by the Defendant for his own account at that time.

From around that time to November 30, 2017, the Defendant arbitrarily consumed KRW 72,420,941 on a total of 67 occasions due to the Defendant’s card payment, repayment of loans, etc., as described in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement prepared by G;

1. Complaint;

1. Details of cash sales, such as payment details of cash sales companies, such as betting tickets, and sales of cash, such as betting tickets;

1. The details of the sale/gold ticket sales/gold ticket sales/gold ticket sales/gold ticket sales/gold ticket sales/gold ticket sales/gold ticket sales, the details of credit sales/gold ticket sales/gold ticket sales, the current status of outstanding deposits, the details of food ticket site sales/gold ticket sales, and the details of A gold trading;

1. Submission of additional data by a complainant, details of sales on the site of an complainant's identification right, and calendars in the transaction of passbooks by a complainant;

1. Investigative report (revision of the amount of embezzlement by the complainant), system output;

1. A criminal investigation report (Presentation of C audit data), primary audit, and output of false sales data from the secondary audit;

1. A report on investigation (Attachment of a detailed statement of transactions relating to false sales of suspect's assertion that the complainant has submitted by the complainant) and a detailed statement of transactions;

1. Investigation report (report on the grounds for entering false sales claimed by the person under investigation and the results of comparative analysis of DNA data submitted), and ( Results of execution of written consent to provide suspect financial transaction information, etc.);

1. The investigation report (the list of offenses against the suspect);