(영문) 광주지방법원 목포지원 2017.01.13 2015고단1124

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(영문) 광주지방법원 목포지원 2017.01.13 2015고단1124

업무상횡령

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] On January 20, 2014, the Defendant paid KRW 2 million in advance as security deposit and down payment to E in the current point of occupation, and paid KRW 8 million in the remainder of April 15, 2014 to E in advance, as to “D” convenience points in the Southern-gun C1, Naman-gun, the victim B and the victim owned.

B entered into a transfer/acquisition contract, “The owner shall pay 3 million won with the guaranteed insurance premium in advance, and shall pay the remainder of 1.5 million won by April 15, 2014.”

[2] The Defendant, from February 1, 2014, has been engaged in the sale of goods and the collection of money at the above convenience store as the head of the above convenience store in order to cultivate work regarding the operation of the above convenience store.

From February 1, 2014 to May 20, 2014, the Defendant: (a) operated the convenience store from around February 1, 2014 to around May 20, 2014; (b) KRW 7,400,00, and KRW 6,680,000, and KRW 16,382,360, as ordered by the head office, of the goods, etc. paid under the name of the head office; and (c) KRW 6,860,00 as ordered by the head office; and (d) KRW 16,382,360, the victim, from the police investigation, failed to deposit the head office out of the sales amount of the convenience store; (d) KRW 8 million; and (e) KRW 7,00,000,000 in the amount

However, according to the statement on remittance details submitted by the Defendant to an investigation agency and the statement on deficits in stock, the amount not deposited to the head office is KRW 7,301,50, and the amount of the goods consumed by the Defendant appears to be KRW 6,608,860, and the amount of damage should be recognized according to the above statement.

A considerable amount of money has been kept for the victim, and around that time, it has been consumed for personal purposes such as living expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Part of the Statement made by the Police with regard to B

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