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(영문) 서울북부지방법원 2017.10.25 2017고단3159

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 7, 2014, the Defendant entered into a sales service contract with the Victim C Co., Ltd. and has been engaged in the storage, sale and sales of the goods provided by the Victim Co., Ltd. as the point of “F” on the third floor of E U.S. and E U.S. in Gangnam-gu Seoul Metropolitan Government.

Around July 14, 2016, the Defendant received KRW 699,00 from the above “F” store’s KRW 69,00, and around that time, in order to acquire a large amount of sales commission from the victim company, and sold the above clothing to customers without the name of customers by applying discount rate higher than that designated by the victim company, and kept the above clothing in business upon receiving the price for the goods. While the Defendant used the above clothing as being in stock at the store, the electronic sales store book of the victim company did not register the sale as if it had been in stock and used for personal purposes, such as compensating for accumulated private losses in mind from May 23, 2014 to December 23, 2016, the Defendant used the above clothing of the victim company’s possession from May 2014 to December 23, 2016 to sell the goods for the personal use as above.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Details of sales service contracts, application forms for each employee, labor contracts, inventory inspection and settlement of accounts, sales differences between department stores and sales key, attached to a complaint book;

1. Investigation report (E card replys with history of revocation of the E card);

1. A criminal investigation report (Submission of a detailed statement of account transactions with a suspect);

1. Investigation report (to have a witness H telephone conversations) 1 and investigation report (to have a witness I make a statement);

1. Application of Acts and subordinate statutes to a report on investigation (the list of crimes to be submitted by an complainant);

1. Relevant Article 356 of the Criminal Act and Articles 355(1) and 355 of the Criminal Act concerning criminal facts, punishment of imprisonment.