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(영문) 서울서부지방법원 2020.11.13 2020고단2012

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 June 2015, the Defendant has been engaged in the business of selling and managing yellow dust, as a staff member of the Victim C Co., Ltd. in Seocho-gu Seoul, and from October 2017, the Defendant has been engaged in the business of selling and managing yellow dust as a staff member of the Victim D Co., Ltd. in the same place.

1. Around September 2018, the Defendant committed a crime against the Victim C with a view to having received contact from E, a customer of the Victim C Co., Ltd., to the effect that the head of Yellow 250,000, who owns the Victim Co., Ltd., remains in stock, sold at will the relevant Yellow 2.50,000 head of the relevant Yellow 2.50,000 head

From October 10 to December 2018, 2018, the Defendant sold 50,00 won to F Co., Ltd. (hereinafter “F”), among the above Mak 2.50,00 won, around October 11, 2018, around 4,000,000 won; around November 23, 2018, around 5,00,000 won; around January 7, 2019; and around 3,00,000, around January 31, 2019 to an account in the name of the Defendant’s mother G (I); and paid KRW 16,00,000 to each victim’s personal consumption account under the name of the Defendant’s mother G; and paid KRW 16,00,000,000 to the Defendant’s personal consumption card; and paid KRW 100,000,000 for each victim’s personal consumption account; and

As a result, the defendant embezzled the property of the victim who was in custody on duty.

2. On October 2018, the Defendant returned 1520,000 Masck 1,520,000 Masck 1,520,000 from the J (hereinafter “J”) that received a request for exchange of Masck 1,520,00 from C (hereinafter “J”) and received the return of the above Masck 1,520,000 Mack 1,520,000 Mack 1,520,000 Mack 1,520,000 Mack 1,520,000 for personal use.