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(영문) 서울동부지방법원 2016.04.28 2015고단4019
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant served as the head of a department at a sports clothes sales company of the trade name called “D” operated by the victim C, and engaged in affairs such as computer and inventory management.

On September 2, 2014, the Defendant: (a) voluntarily removed and sold 2,970,000 won in total at the F stores of the foregoing company located in Gwangjin-gu Seoul Special Metropolitan City E-gu; and (b) electronically processed as if he/she had access to the inventory management system of the foregoing company to the inventory management system, while keeping 2,970,000 won in total; and (c) the clothes 200,000 won in storage for the victim.

In addition, the Defendant arbitrarily sold goods worth KRW 45,443,200 in total at 31 times during the period from January 6, 2015, such as the list of crimes (1) and (2) in the annexed sheet of crimes, and then electronically processed as if he/she had a loss in inventory or returned goods.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (includingG statements);

1. A protocol concerning the interrogation of each police suspect against H and I;

1. Statement by the police in relation to C and G;

1. A complaint;

1. The application of Acts and subordinate statutes of a written self-statement, the detailed statement on embezzlement, the business registration certificate, each statement on the business registration certificate, each record of computer manipulation, the investigation report (including the attached table), the list of crimes, the account list, the statement of account transactions, the detailed statement of loss disposal, and the statement

1. The criteria for sentencing of the reasons for sentencing of the punishment of Articles 356 and 255(1) of the Criminal Act in relation to the crime [the scope of the recommended punishment] under the basic area (from April to January, 100) (the scope of the recommended punishment is less than 100 million won) - the fact that repeated crimes were committed, even if the amount of damage is not significant, the damage is not recovered at all, etc. - favorable circumstances: the defendant is divided into and reflected in his own crime, and there is no record of criminal punishment; and

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