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(영문) 인천지방법원 2013.07.09 2012고단11093
업무상횡령
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2012 Highest 11093]

1. The Defendant has been engaged in the business of managing customers from October 2001 to February 201, 201 in the victim D Co., Ltd. located in Seo-gu Incheon, Seo-gu, Incheon, and supplying the money to the customer and paying the money to the company.

On January 19, 2010, the Defendant deposited KRW 3,933,557 from G operating “F,” which is the customer of the victim in Bupyeong-gu, Seocheon-gu, Busan, the Defendant deposited KRW 3,113,360 at around that time, and consumed KRW 820,197 for personal purposes, such as repayment of the Defendant’s obligation.

In addition, from around that time to April 27, 2011, the Defendant embezzled total of KRW 43,098,996 by the same method over 22 occasions, as shown in attached Table 1.

[2012 Highest 11828]

2. From March 9, 2012, the Defendant has been working as a business employee of JJ operated by the victim I in Gwangju-si from March 9, 2012 and has been engaged in the business of selling meat and selling proceeds.

On June 11, 2012, the Defendant collected KRW 414,672 from “L” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and voluntarily consumed the amount for the Defendant’s personal debt repayment at around that time.

From around that time to December 24, 2012, the Defendant embezzled KRW 29,010,722 of the total sales proceeds of meat owned by the victim and kept for the victim for 20 times in total, as shown in the attached Table 2 of Crimes List 2.

Summary of Evidence

[2012 Highest 11093]

1. Statement of the accused in the first protocol of trial;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. The police statement of M;

1. Detailed statement of transaction, statement of transaction by transaction partner, statement of transaction by account, and statement of transaction by account;

1. Defendant's legal statement;

1. Each police statement made to I;

1. A written statement of the Defendant’s preparation and a written confirmation of embezzlement.

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