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(영문) 대구지방법원 안동지원 2020.02.11 2019고단610
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 21, 2019 to July 11, 2019, the Defendant served as a part-time student at the D convenience store in the operation of the victim C located in the Dong-dong, Chungcheongnam-si, Dong-dong, and engaged in the sale of goods, cash, and store management.

1. On June 10, 2019, the Defendant: (a) entered the cash that belongs to a cash storage box at the above D stores for the victim for business purposes and then electronically stored 93,800 won in cash after the computerized data processing, even though the customer did not return or cancel the goods purchased by the customer; and (b) entered the goods’ return, cancellation of sales, or cancellation of goods with the POS (Sales Management System); and (c) voluntarily consumed the cash storage for the cost of living.

In addition, from around that time to July 1, 2019, the Defendant brought about KRW 1,412,600 in cash stored for business seven times in total, such as the list of crimes (1).

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

2. Around July 8, 2019, the Defendant entered goods purchased by a customer at the aforementioned D stores into the data processing system and entered goods return, sales cancellation, or suspension of goods into the Defendant’s transportation cards using the POS (Sales Management System), and then charged KRW 5,000 with the amount corresponding to that amount, even though the Defendant did not return or cancel goods purchased by a customer at the said D stores.

In addition, from around that time to July 10, 2019, the Defendant entered false information more than three times in total and filled up KRW 43,000 in transportation cards, such as the list of crimes (2).

Accordingly, the defendant acquired property benefits by inputting false information into computers and other information processing devices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the relevant Acts and subordinate statutes to receipts, investigation reports;

1. Articles 356 and 355 (1) and 355 of the Criminal Act of the relevant criminal facts;

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