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Reasons
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(영문) 제주지방법원 2020.01.15 2019고단1885
업무상횡령
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A defendant shall be punished by imprisonment for six months.

except that 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 October 2016, the Defendant worked as an employee at the D convenience store located in the Jeju-si operated by the Victim B, and was in charge of transferring daily cash sales at convenience store to the headquarters of E convenience store around 16:00 each day. From the beginning of November 2017, the Defendant was delegated by the victim, and was engaged in the operation and management of the above convenience store and the remittance of daily cash sales.

1. From November 2016 to May 201, 2017, the Defendant: (a) received KRW 2,421,440 from November 1, 2016 to November 30, 2016 the sum of daily cash sales at convenience stores and kept in custody for the victim; (b) did not transfer the amount to the headquarters of the headquarters of convenience stores; and (c) used it for personal purposes from Jeju Island to the Defendant’s personal debt repayment and living expenses.

In addition, from around that time to May 31, 2017, the Defendant consumed KRW 15,352,477, in mind, the sum of cash sales received from convenience stores over seven months, as indicated in [Attachment Table Nos. 1 through 7] between that time, and around that time, the Defendant spent 15,352,477.

2. From January 2, 2018 to June 31, 2018, the Defendant: (a) from January 2, 2018 to January 31, 2018, the Defendant received KRW 2,239,411 from the convenience store’s daily cash sales to the victim and kept in custody for the victim; (b) did not transfer the amount to the E-store’s head office; and (c) used it for the personal purpose at the Jeju-si level in mind as the Defendant’s personal debt repayment and living expenses.

In addition, from around that time to June 27, 2018, the Defendant consumed KRW 19,918,552 in mind, as indicated in [Attachment Table Nos. 8 to 13], the sum of cash sales received from convenience stores over six months.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Acts and subordinate statutes concerning the details of unaccompanied amounts.

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