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(영문) 서울중앙지방법원 2015.10.01 2015고단1628
업무상횡령등
Text

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

Reasons

Punishment of the crime

The Defendant served from January 2008 to January 2014 as an employee of the Victim C Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”). In particular, from May 31, 2012, the Defendant was a person who was an employee in charge of managing the fishery products storage of the Victim Co., Ltd.

1. From January 7, 2009 to January 9, 2012, the Defendant embezzled the amount equivalent to KRW 10,240,000,00,000, which was owned by the victim company in his/her business in the E marketF warehouse located in Dongjak-gu Seoul Metropolitan Government, by voluntarily taking out the high light of the value of KRW 80,240,000, which was owned by the victim company in his/her business in an irregular manner, and embezzled it by arbitrarily taking out the total amount of KRW 82,450,50,000, which is owned by the victim company in his/her business storage,

2. Around January 2014, the Defendant: (a) retired from the victim company; and (b) on May 1, 2014, the Defendant refused to comply with the request, without justifiable grounds, even though (c) the Defendant was demanded by G employees of the victim company to return the amount equivalent to KRW 8 million at a single market price of the AB car in custody by the victim company.

Ultimately, the Defendant embezzled the property owned by the victim company.

Summary of Evidence

1. Each legal statement of a witness G, H, I, and J;

1. Partial statement of the police suspect examination protocol against the accused (including any substitution of the G);

1. Application of Acts and subordinate statutes to the Director of Customer Sales Board;

1. Relevant Articles 356 and 355(1) of the Criminal Act concerning criminal facts, Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. According to the following circumstances acknowledged by the evidence duly adopted and investigated by this court as to the assertion of the Defendant and the defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, the fact that the Defendant embezzled the fishery products and embezzled the motor vehicle with the intent of unlawful acquisition by refusing to return it can be fully recognized.

(1) Fishery products of one or two boxes shall be lost at the freezing warehouse in the E market.

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