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(영문) 청주지방법원 제천지원 2014.02.20 2013고단693
업무상횡령등
Text

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

Reasons

Punishment of the crime

1. The Defendant “2013 Highest 693” is a person who works for the victim C Co., Ltd, which operates food wholesale and retail business from December 1, 201 to February 8, 2013 as a business employee and has been in charge of the sale of goods and the collection of money.

Around January 16, 2012, the Defendant collected 104,50 won from the F restaurant operated in the E-Operation D, Chungcheongnam-si, Chungcheongbuk-si, and embezzled food proceeds by arbitrarily consuming KRW 33,967,750, total sum of 100,000,000, which was deposited in the transaction statement stored in the company’s computer, while carrying out business for the victim, by entering as if he returned goods equivalent to the amount of money in the transaction statement stored in the company’s computer. Around that time, the Defendant spent the food proceeds for personal purposes, such as living expenses, etc. from the date and time of the foregoing, to January 31, 2013.

2. “The Defendant of 2013 Highest 910” is a person who, from July 23, 2013, has been in charge of the delivery of goods at I, a distributor of meal goods and supplies with the victim H located in Y G from Dacheon-si.

At around 22:00 on September 2, 2013, the Defendant: (a) committed a theft of two edible milk equivalent to KRW 79,992, the market value of the victim’s possession, which was kept in custody in the warehouse, using the gaps in the area of the said warehouse; (b) from the date and time to October 17, 2013, on a total of 21 occasions, from the date and time to October 17, 2013, the Defendant: (c) stolen food supplies owned by the victim, which are the victim, in total of KRW 11,902,076, respectively, by means of the foregoing method, as shown in attached Table 2.

Summary of Evidence

1. The defendant's legal statement [2013 Highest 693]

1. Each police statement made to J;

1. The head of each sales office, the sales amount and deposit status, each confirmation document, each sales collection book, each confirmation document, each transaction statement, each written statement of transaction, each sales collection book, each statement of transaction, each statement of transaction and each date of sales collection, each statement of transaction, and collection book, and collection book (2013 high-class 910);

1. The police of H. H.

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