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(영문) 서울서부지방법원 2021.01.28 2020고단3313

업무상횡령등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. From April 18, 2018 to October 5, 2018, the Defendant was engaged in the duties of supplying and collecting meat at C as a victim of occupational embezzlement, who was operated by B from April 18, 2018 to October 5, 2018.

On June 2018, the Defendant collected approximately KRW 9.20,000 from the FF Corner operated by E in Gyeyang-gu, Young-gu, Gyeonggi-do, and used 38,726,428 won, which was collected from customers in total, from May 2018 to October 5, 2018, for personal purposes, such as living expenses, according to the mind, and used 38,726,428 won in mind.

Accordingly, the defendant embezzleds the property of the victim who has been in custody of business.

2. On June 4, 2018, the Defendant: (a) was holding a 445,280 won as a corrected tape on the transaction statement issued by the Company in order to conceal the embezzlement, such as the description in paragraph (1), within the vehicle parked in front of the F-way located in Gyeyang-gu, Gyeyang-gu; and (b) holding a 445,280 won as a corrected tape on the transaction statement issued by the Company to conceal the embezzlement.

In the manner of describing KRW 1,365,420, C changed the transaction specification table in the manner of writing 1,365,420, and exercised it by changing the transaction specification table in the name of C, which is a private document on rights and obligations, for the purpose of exercising a total of 11 times from around that time to October 5, 2018, as shown in attached Table 2, and delivering it to the transaction partner as shown in attached Table 3.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecutor's office or the police interrogation of the accused;

1. Statement made by the police against B;

1. A detailed statement of confirmation of the balance of customers and adjustment of the amount of damage;

1. A copy of the normal details of transactions made by alteration;

1. A full certificate for registered matters and a labor contract;

1. Investigation report (the specification of the transaction);