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(영문) 서울동부지방법원 2015.08.13 2015고단1036
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From December 19, 2011 to November 30, 2014, the Defendant changed the facts charged of the victim Korean brand golf Co., Ltd., which is 100 in Gangnam-gu Seoul, Gangnam-gu, Seoul. However, according to each evidence duly adopted and investigated by this court, the Defendant can recognize the facts, and the above correction is deemed to have no particular effect on guaranteeing the Defendant’s right to defense, and therefore, the Defendant’s amendment is explained as above.

As a business member of the victim company, he was in charge of the business of keeping the money received from the customer of the victim company and the products to be supplied to the customer.

On August 2012, 2012, 3 million won, which is part of the amount collected by C, the customer of the victim company, was deposited in the defendant's account and consumed at will.

B. On April 25, 2013, the facts charged in the course of business after filing an application for a false order with D, which is the customer of the victim company, for the delivery of goods worth KRW 143,000, which had been placed in the custody for the purpose of supply, are missing. However, according to each evidence duly adopted and duly examined by this court, all of the delivery and orders of the victim company and orders, storage and return are electronically conducted. The defendant manages the whole of the transaction parties of the region that he/she takes charge of as the business partner of the victim company, such as orders, shipment, return, etc., and he/she has carried out de facto ex-factory disposal in the Kimpo warehouse in accordance with the defendant's ex-factory order. In light of these facts, it is determined that the defendant arbitrarily disposed of and embezzled the goods kept in the custody for the purpose of delivery to the transaction partner in charge of the defendant, and Article 3 of the facts charged.

As long as it is stated, the above correction is guaranteed to guarantee the defendant's right of defense.

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