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(영문) 서울서부지방법원 2018.12.11 2018고단3774

업무상횡령

Text

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

Reasons

Criminal facts

[Criminal record] On May 11, 2018, the Defendant was sentenced to six years of imprisonment for fraud, etc. at the Seoul Western District Court, and the judgment became final and conclusive on August 3, 2018.

[2] The Defendant 1 served as a business member of the victim C&P branch located in California, California, from May 31, 2011 to January 14, 2018, while he/she escaped from abroad after committing the crime of the above final judgment and lives for about 13 years during the escape of approximately 13 years, and was in charge of the sale and collection of cosmetic materials of the above company.

From June 17, 2013 to January 12, 2018, the Defendant embezzled KRW 305,146,880 ($ 273,920) in total on 513 occasions, as indicated in the attached list of crimes, in the manner that: (a) the Defendant did not deposit in the company after receiving money from the customer; (b) the check issued by the customer as the delivery price to the account of the Defendant’s female-friendly job placement D; or (c) the check issued by the customer as the delivery price; and (d) the Defendant sold the goods after arbitrarily stating the name of the trader; and (e) entered as if the goods were sold and delivered in cash or at a discount of 5 to 10% of the price of the goods; and (e) embezzled the amount of KRW 305,146,80 ($ 273,920) in total as indicated in the attached list of crimes, for personal use, such as living expenses, around

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Books of accounts receivable submitted by the complainant;

1. A copy of the check D's endorsement and the instrument altered by the person to whom it is given;

1. A copy of the false order that the person who received the objection has altered without permission;

1. Evidential documents that induce the person under consideration to settle the account in cash and discount the price at will;

1. Previous convictions in judgment: Application of Acts and subordinate statutes as a result of inquiry, such as two copies of judgment and criminal history;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Concurrent Crimes Handling: the latter part of Article 37 of the Criminal Act, but the reason for sentencing of Article 39 (1) of the Criminal Act is concurrently with the crime for which judgment has become final and conclusive.