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(영문) 부산지방법원 동부지원 2015.10.08 2015고단1370

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 10, 2012 to October 1, 2014, the Defendant served as an employee of the Victim C Co., Ltd. (hereinafter “victim”) located in Nam-gu Busan as an employee of the victim C Co., Ltd. (hereinafter “victim”) and engaged in the exchange and return of bank supplies, such as dypanty and odor, through the Internet, while engaging in the business of exchanging and returning bank supplies through the Internet, the Defendant was practically authorized to dispose of the items requested to be exchanged and returned to the damaged company.

The Defendant, using these authority, when there is a request from a customer who actually purchased the goods of the damaged company for exchange or return of the goods of the damaged company, did not properly confirm the request from the victimized company. By using that authority, the Defendant advertised sales at a discounted price of about 50% of the discounted price as if the Defendant was the goods of the victimized company, such as Roty and smells sold by the victimized company on the Internet, etc., and when there is any person who reported such sales advertisement and expressed his/her intention, the Defendant used it to arbitrarily dispose of the goods of the victimized company by requesting exchange and return to the damaged company as if the customer who actually purchased the goods from the victimized company requested exchange and return, and then received the payment.

On February 14, 2013, the Defendant embezzled the property of the victimized company by arbitrarily disposing of its total amount of KRW 109,812,000,000 of the market price from the date and time to September 11, 2014, by requesting exchange and return to the victimized company as if there was such a request, even though the Defendant did not request the exchange and return of five kinds of smells at the market price of KRW 129,00,000 at the above victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. The police of E.