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(영문) 서울북부지방법원 2018.04.12 2017고단5202
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On January 25, 2015, the Defendant is engaged in the business of selling precious metals and the business of collecting sales proceeds, etc. manufactured by the said company until July 3, 2017.

On March 12, 2015, the Defendant sold precious metals to “G” located in “Seoul-si, G, and embezzled KRW 9.471g of net gold and KRW 70,800 in cash for the purpose of selling proceeds, and was kept in custody for the victim around that time, and then sold precious metals to 32 companies or personally from July 3, 2017, as shown in attached Table 1 of the List of Offenses Act from that time until July 3, 2017, and embezzled KRW 1,840.92g of cash, KRW 14,054,20, total market value of KRW 105,056,80 in total.

2. The Defendant, as described in paragraph 1, was working as a member of the “E” sales store for the victim’s “E” in the operation as set forth in paragraph 1, and on January 25, 2017, kept one asphalt (product number M329B) of the market price equivalent to KRW 940,100, which was delivered by the injured party for the sales of precious metals and kept for the victim. From that time to July 3, 2017, the Defendant, while selling it to a third party, and then embezzled the total market price of precious metal owned by the victim for the victim as set forth in attached Table 2, from that time to July 3, 2017, was arbitrarily sold or demanded by the injured party to return it.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each written statement A and H;

1. Details of text messages dialogues;

1. Details of the embezzlement prepared by a person's own writing;

1. A certificate verifying each fact;

1. Detailed statement and detailed statement of each transaction;

1. Data verifying the market price;

1. The Kakao Stockholm dialogue content 1.

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