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(영문) 서울동부지방법원 2015.11.30 2015고단3034

업무상횡령

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From February 2014 to May 2015, the Defendant has been working as an employee at “E” store operated by the victim D with the fourth floor located in Songpa-gu Seoul, Songpa-gu, Seoul, while engaging in oral sale and collection business.

On May 10, 2014, the Defendant: (a) sold verbal 20,000 won to customers when he/she sells a verbal 120,000 won to customers; (b) the Defendant stated, “I would then cancel the payment of KRW 188,00 with a credit card if it is necessary to have sales performance; (c) the said customer would then cancel the payment of KRW 188,00 with a lot card; (d) he/she received KRW 120,000 in cash from April 11, 2014 to May 10, 2015; and (e) had the said customer make a settlement of KRW 18,000 with a lot card; and (e) he/she arbitrarily purchased cash from April 11, 2014 to May 10, 2015 to his/her customer; and (e) had a total of KRW 180,000 with a cash refund from his/her own discretion; and (e) he/she voluntarily purchased and sold the receipt to the customer.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the F and each part of the statement);

1. Police suspect interrogation protocol regarding F;

1. The police statement of H;

1. A written statement of I and J;

1. Each copy of each receipt, each current status of sales, and each statement on the confirmation of labor contents;

1. Application of Acts and subordinate statutes to the investigation report (calculated amount of embezzlement);

1. Articles 356 and 355 of the Criminal Act inclusive of the pertinent Articles of the Criminal Act and the choice of punishment for the crime;