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(영문) 창원지방법원 거창지원 2015.08.05 2015고단153
업무상횡령
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant, as to the victim C’s occupational embezzlement from September 2, 2014 to October 31, 2014, worked as an employee in the “E” of the victim C’s operation in Daegu Seo-gu, Daegu-gu, and engaged in the sales of goods.

On October 1, 2014, the Defendant: (a) was in custody of the sales price of goods received from customers on behalf of the victim at the convenience store; (b) was in custody on behalf of the victim; (c) the customer would be able to calculate the sales price of goods if he/she purchases goods; and (d) returned the amount to the money receiver after the customer left the market; and (c) the Defendant would bring money in proportion to that amount; and (d) would bring 701,100 won in total over 127 occasions, as shown in the list of crimes in the attached Table, from October 31, 2014; and

As a result, the defendant embezzled the victim's property in violation of his duties.

2. On November 14, 2014, the Defendant: (a) from November 14, 2014 to the 17th day of the same month, the victim F’s occupational embezzlement against the victim F worked as an employee from the “HE” of the victim F’s operation in Daegu-gu G; and (b)

The Defendant, from around 23:00 on November 14, 2014 to around 09:00 on the 17th day of the same month, was in custody for the victim of the sales price of goods that he received from the customer from the customer from the said marina on behalf of the victim. On the other hand, the Defendant: (a) had to calculate the sales price of goods upon the purchase of goods; (b) had the customer go to the customer; and (c) returned the goods to the cash receiver; and (d) brought about about KRW 100,000 in cash over nine times from 8:0 to 17:00 on the basis

As a result, the defendant embezzled the victim's property in violation of his duties.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. Statement to C by the police;

1. A statement prepared in F;

1. Domestic investigation reports (as to attachment of sales slips dated October 30, 2014), and each investigation report (as to the victim C telephone conversations reports and the victim's report on telephone conversations);

1. Application of the Acts and subordinate statutes of receipts

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