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(영문) 서울북부지방법원 2014.02.12 2013고단895
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From March 2, 2011 to September 10, 2012, the Defendant was an accounting employee of the “D” Internet shopping mall operated by the victim C, and was engaged in the business of fund management, such as deposit and withdrawal of customers of the said company.

1. Around August 20, 2011, the Defendant pretended to pay the amount from the Internet shopping mall office located in Seongbuk-gu Seoul Metropolitan Government to the customer “F” in the name of the victim’s bank account, and embezzled the victim’s property by consuming the sum of KRW 67,14,796 from August 20, 201 to June 1, 2012, including the transfer of KRW 52,300 to the bank account in the name of the Defendant to the bank account in the name of the victim, and then consuming it by means of living expenses, etc.

2. On August 4, 2011, the Defendant embezzled the victim’s property by consuming KRW 11,609,500 in total 46 times from August 4, 2011 to September 10, 2012, including the transfer of KRW 28,800 to the new bank account under the name of the Defendant, while returning goods sold to consumers in cash at the above Internet shopping mall office located in Seongbuk-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An investigation report (to attach a detailed statement of transaction in passbook under the name of a suspect);

1. Application of Acts and subordinate statutes on suspect account details;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense (or, collectively, the choice of imprisonment);

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