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(영문) 인천지방법원 2018.11.09 2018고단2125
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

As the defendant is a relationship between the victim B, victim C, and victim D, the defendant and the victim are operating the F convenience point together in Incheon Jung-gu E, and the victims invested funds, and the defendant was able to view the convenience store work as the point of occupation.

The F convenience store shall pay the sales amount to the exclusive account of the head office when the sales occurs, and settle accounts on a monthly basis to be deposited into the head office of the victim B who is the business owner. Therefore, the defendant shall pay the sales amount to the exclusive account.

Nevertheless, at the convenience store, the defendant did not pay part of the sales amount by advertising that he sells goods to the customers in relation to the business, or ordered the garbage bags by fraudulent means, and he had the intention to consume at will with the corresponding amount.

On June 12, 2017, the Defendant, from the above convenience store, recognized the Defendant’s criminal facts to the extent that the Defendant did not infringe the Defendant’s right of defense in light of the evidence record, by specifying the criminal facts, within the extent that the Defendant’s total amount of remittance, including the total amount of money transferred, 2,243,129 won, from the above convenience store for four days (280,270 won on June 9, 2017, KRW 348,010 on June 10, 2017, KRW 725,600 on June 11, 2017, and KRW 89,30 on June 12, 2017).

(hereinafter the same shall apply)

During the period from May 26, 2017 to September 12, 2017, 1,398,000 won was deposited in KRW 845,129, not deposited in the remaining 845,129 but voluntarily consumed for living expenses, etc., the sum of KRW 22,915,926, as shown in the daily list of crimes in attached Table 16 times from around that time to August 31, 2017 was embezzled by discretionary consumption of a total amount of KRW 22,915,926, and the fact at the above F convenience store from May 26, 2017 to September 12, 2017 was not found to have purchased a garbage-based garbage bag at the Gu office, but around June 1, 2017 at the Gu office, the sum of KRW 1,126,940, KRW 1,768,40, KRW 1,778,008, KRW 379,279.25.

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