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(영문) 춘천지방법원 강릉지원 2018.08.23 2018고단529
업무상횡령
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Since December 24, 2012, the Defendant has been in charge of the purchase and sale management, accounting, inventory management, etc. of Egypt F branch offices E. F., the victim company in D, as one of the branch offices of Egypt F branch offices.

1. From June 15, 2015 to September 13, 2017, the Defendant embezzled the proceeds of disposable coffee sales: (a) sold beer 20,600 amblings for 10 times, owned by the branch office of the NAFF, a victim company, to G for 10 times; and (b) paid 262,460,000 won as the price of the goods and kept in custody for the victim for business purposes; (c) around that time, only KRW 197,689,000 among them deposited to the victim company; and (d) then arbitrarily consumed the remainder of KRW 64,71,00 for personal purposes, such as the repayment of the Defendant’s obligation.

2. From October 8, 2015 to July 25, 2017, the Defendant: (a) sold capital reduction and chip, which is the ownership of the branches of the NonghyupF Co., Ltd., the victim company, on 35 occasions; (b) received KRW 180,031,323 as the price for the goods; and (c) received KRW 180,03 as the price for the goods from H and J for five times from July 26, 2016 to June 26, 2017; and (d) received KRW 28,247,000 in total by receiving KRW 208,278,323, while being kept in custody for the victim’s business; and (d) paid KRW 75,825,323,323 among them to H and I, a partner; and (d) paid KRW 130,325,400,50 for personal debt repayment purposes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Notice of the result of accusation or sector audit;

1. A detailed statement of each account transaction;

1. Application of the investigative report (the details of receipt of sales proceeds, such as coffees by each day and confirmation of the amount of embezzlement), application of the Acts and subordinate statutes on the list of embezzled amounts;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act 1.

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