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(영문) 제주지방법원 2019.04.26 2019고단178
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a D's store operated by the Victim C Co., Ltd. (hereinafter "victim Co., Ltd.") located in Seopo City B from November 1, 2014 to May 13, 2018, and has been engaged in the business of managing marina's funds, such as collecting the credit amount of the above M's customer, and depositing marina's cash sales into the account in the name of the victim Co., Ltd.

1. The Defendant, from November 1, 2014 to December 31, 2014, deposited in cash the amount of KRW 1,283,890 for the goods supplied to E, which is a customer of the victim company, and used for the victim company, for personal purposes, such as using the horse fund or illegal sports gambling fund in mind at the Jeju-do daily center around that time, and used the money for the victim company. From that time to December 30, 2017, the Defendant used the amount of credit payment of the above marina business customer as indicated in the attached list 1,14,405,960 in total, including the amount of credit payment of the said marina business customer or the storage of cash sales of the said marina, as recorded in the attached list 1, from December 30, 2017.

2. On January 7, 2016, the Defendant: (a) transferred 2,026,160 won of goods supplied to F, which is a customer of the victim company, to the account in the name of the Nonghyup Bank in the name of the victim company; and (b) deposited in the course of business for the victim company; (c) around that time, the Defendant consumed the goods for personal purposes, such as using horse funds or illegal sports gambling funds in the name of the victim company; and (d) up to December 4, 2017, the Defendant spent 49,59,150 won in total by receiving credit payment as indicated in the attached Table 2 from the day on which the crime was committed on 24 occasions until December 4, 2017.

Accordingly, the defendant embezzled the victim's property worth 164,005,110 won in total while on duty.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. A complaint, a letter, and a letter;

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