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(영문) 대전지방법원 2016.09.30 2015고단4239
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant of "2015 Highest 4239" worked as D staff of C, and carried out the business of selling travel goods provided by E and other large wholesale agencies to customers and depositing the travel expenses received from customers to the wholesale agencies prior to the date of departure.

On January 22, 2014, the Defendant sold “Il U.S. S. S. S. S. S. S. S. Western travel goods” to 11 customers, including F, and received KRW 20,769,110 for group travel expenses in cash and kept them in custody for the victim.

Nevertheless, the Defendant deposited only KRW 4,500,000 to the victim on April 3, 2014, and embezzled the remainder KRW 16,269,110 by arbitrarily consuming it at a fixed and irregular place.

The Defendant, from September 3, 2012 to September 3, 2012, 201, was engaged in the consultation, sale and collection of travel goods provided by large travel agencies, such as E, of the company, as business directors of D, a representative director C in Jung-gu Daejeon, Daejeon.

1. On March 14, 2013, the Defendant received a transfer of KRW 6,716,000 from H, a customer, to one bank account in which the Defendant used, and consumed the said company for personal purposes, such as living expenses, etc. at a non-permanent place around that time.

2. On September 7, 2013, the Defendant received the amount of KRW 2,938,000 from I, a customer, to one bank account in which the Defendant used, and consumed the amount of KRW 2,938,00 for personal purposes, such as living expenses, at around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal testimony of the witness J and C;

1. Statement of each police statement made to J and C;

1. Statement in the letter of complaint prepared by the J (as to the case No. 2015 Highest 4239, the Defendant paid the full amount of travel to C.

One of the arguments is the evidence held.

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