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(영문) 서울남부지방법원 2015.12.03 2015고단374

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From August 6, 2013 to January 9, 2014, the Defendant, as the head of the business division of the victim G Co., Ltd. located in the nineth floor of the Seoul Yangcheon-gu Seoul F building, engaged in the purchase and supply of golf appliances, such as golf clubs in five stores, managed by the said company, and the management of each store, etc.

On the other hand, the Defendant, who is engaged in the above business, had a golf club in five stores of the victim company to sell it to a personal customer, or directly sell a golf club supplied by the customer of the victim company to a personal customer without having the golf club stored in the warehouse of the victim company.

On October 31, 2013, the Defendant embezzled the property of the victim company by arbitrarily selling golf products equivalent to KRW 65,39,000,00 in total of KRW 65,39,00,00 from August 6, 2013 to January 9, 2014, while the Defendant kept one golf product (CL-GFC041-146, and IRB) on behalf of the said company at H stores operated by the victim company in Ansan-si, Ansan-si., the Defendant: (a) stated that the said store manager “a request to send golf products to his/her address notified by the inside of the Gu,” and (b) sold golf products to his/her customer at will; and (c) embezzled the victim company’s property by arbitrarily selling golf products equivalent to KRW 65,39,00,00, as stated in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness L and M;

1. Partial statement of the witness N;

1. Each protocol concerning the examination of the accused by the prosecution (including each part of theL and M);

1. Statement made by the prosecution concerning the N;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police concerning L;

1. A separate book message attached to an investigation report (afford as a result of the analysis of ffordies and a book-keeping);

1. Copies of each letter;

1. A copy of the final usage of H club inventory, a copy of the details of the occurrence of H stock loss, a copy of the details of the O stock loss, and P.