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(영문) 청주지방법원 2014.03.19 2013고단1442
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From February 2, 2012, the Defendant has been engaged in the sales of computer-related products as a salesperson in the Celectronic store located in the second floor of the public building in the public building in the public building in the public building in the Seoul Special Metropolitan City.

When the Defendant sells the product in the above store, he had the customer make the product in accordance with the calculation of the product and paid the price in the above calculation unit, but he had the defendant receive the selling price of the product from the customer and received it directly.

The Defendant had been in custody of computer-related products entrusted by the Victim B Co., Ltd. for the purpose of sale at the above C Electronic Burial for the purpose of selling the said company. From January 2013 to July 13, 2013, the Defendant arbitrarily sold 76 computer-related products worth KRW 83,791,00 in total, such as computers, Nowon-gu, monitors, etc. at the above C Electronic Burial, for the purpose of receiving and carrying out directly from customers of the said method.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to copies of inventory inspection table;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (the fact that a suspended execution is agreed with the victim and the damage is fully discharged);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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