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(영문) 수원지방법원 여주지원 2014.06.27 2014고단166
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

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

On November 25, 2013, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for fraud in the branch court of Suwon District Court, and on December 3, 2013, the said judgment became final and conclusive on December 3, 2013.

1. Occupational embezzlement;

A. From July 1, 2011 to February 13, 2013, the Defendant worked as a place of business at the “D convenience store E” located in E branch in E-Si of the victim’s operation from around July 1, 2011 to around February 13, 2013, and overall management of the business, including sales of goods

Around November 1, 2012, the Defendant kept in business for remitting KRW 1,037,300 for daily sales proceeds from the above convenience store to D convenience store headquarters. At that time, the Defendant: (a) voluntarily delivered and consumed shares to his relative job offering F as a stock investment scheme; (b) from November 1, 2012 to February 5, 2013, the Defendant deposited KRW 82,354,00,000 out of the total sales proceeds of KRW 96,918,10 in the head office from November 1, 2012 to February 5, 2013; and (c) embezzled the remainder of KRW 14,564,10 for personal purposes.

B. On July 30, 2012, the Defendant: “Around July 30, 2012, the Defendant paid KRW 100,000,000 to the Victim G with investment profits, and returned investment money or sold it to another person after two years from the 13th day of each month; and on the 31st day of this month, the Defendant received KRW 30,000,000 from the victim as investment money; and “D convenience stores J in E-si, E-si; while the Defendant took overall control of the business, including sales and sales of goods while jointly operating with the victim; the sales proceeds of convenience stores were used for covering losses of D convenience E or for personal debt repayment, etc.

On November 1, 2012, the Defendant deposited KRW 20,890,430,000, out of the total sales proceeds of KRW 51,606,136, out of the total sales proceeds of KRW 51,60,136, to the head office, and deposited KRW 20,890,430,00, out of the rest of the 30.0.

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