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(영문) 서울중앙지방법원 2014.10.30 2014고단6899

업무상횡령

Text

Defendant

A A shall be punished by a fine of three million won or more, and by imprisonment with prison labor for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B. Defendant A is each a person engaged in the business of receiving major supplies from the “NWnB” and selling them on credit, and then paying the amount to the company.

1. Defendant B, from November 2009 to June 2013, at the office of the above victim company located in Seocho-gu Seoul, Seocho-gu, Seoul, and the first floor, Defendant sold to customers under the name of the victim company, and embezzled KRW 5,776,091 in total by arbitrarily consuming the price to the victim company without paying it to the victim company.

2. From September 2012 to September 2013, Defendant A embezzled KRW 14,662,160 in total by arbitrarily consuming the price to the victim company without paying it to the victim company, and then selling it to the customers under the name of the “slurg” bank that was entrusted by the victim company to sell from the victim company.

Summary of Evidence

1. Defendants’ legal statement

1. Prosecutorial suspect interrogation protocol against the Defendants

1. A complaint;

1. Statement of E;

1. A criminal investigation report (Submission of additional data by a complainant: the suspect B);

1. Investigation report (to hear statements of suspects B);

1. Hearing of a criminal investigation report (in addition to a statement by a complainant: Application of the relevant statutes to the suspect A);

1. Articles 356 and 355(1) of the Criminal Act and Articles 356 and 355(1) of the Criminal Act concerning criminal facts, and Defendant A shall be punished by a fine, and

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of suspended execution: In the case of Defendant B of reasons for sentencing under Article 62(1) of the Criminal Act, consideration shall be given to the disadvantage of the extent of damage.

However, the defendants have been working for a considerable period in the victim company, due to economic depression and competition with online sales.