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(영문) 인천지방법원 2016.02.04 2015고단2935
횡령
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the sales of goods and sales proceeds, etc. while operating the Eart in Gangseo-gu Seoul Metropolitan Government D.

The Defendant returned the remainder after deducting credit card fee in the case of sales of credit cards from the fixed meat coper C, and returned the full amount in the case of cash sales to the victim C, who is the victim of the above Mart's fixed meat coper, but the Defendant returned the deducted amount every seven days after deducting the credit card fee in the case of the cash sales.

Nevertheless, at around June 23, 2013, the Defendant arbitrarily consumed cash sales amounting to KRW 2,546,716,716 (seven days) in relation to the above refined copon = KRW 2,562,597 in cash sales amount - KRW 15,881 (Evidence No. 102) in relation to the amount of membership score support used for the victim’s business, while the Defendant kept the amount of KRW 15,881 (Evidence No. 102) in custody on behalf of the victim, for the above Mat on his/her own use as the above Mat operating expenses at around that time, and around June 30, 2013, in relation to the above Mat's copon, KRW 2,477,097, KRW 2,475,095 in total, KRW 2,485,755 in cash sales amount - KRW 8,6583 in relation to the above Mat'spon.

Summary of Evidence

1. Partial statement of the defendant (as at the 13th public trial date);

1. Each legal statement of the witness C;

1. Determination as to the assertion by the Defendant and the defense counsel on the current status of sales of each payment letter, each sentence, each co-ner, each card

1. The Defendant and the defense counsel asserted the denial of crime: (a) calculated daily payment of the cost of event (such as the cost of leaflets and the cost of sending text messages) and the amount of member score support (e.g., a kind of points or mileage) with respect to the sale price of cash from the above refined coper; and (b) paid to the victim the balance after deducting the money from the money for each week; and (c) there is a change in the amount of event

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