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(영문) 창원지방법원 진주지원 2017.01.24 2016고단1156
업무상횡령
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From July 23, 2015 to July 14, 2016, the Defendant is a person employed by the victim D as an employee from a sales store of fishing appliances operated by the victim D in Scheon City from July 23, 2015 to his/her business of selling fishing appliances and settling accounts of sales proceeds.

1. The Defendant, by using an opportunity to work as an employee, taken a photograph of the fishing items displayed in the store as a photograph, and raised a letter to sell at a price below 30 to 40% of the market price on the Internet’s fishing-related website and reported the sales text to the Defendant’s agricultural bank account, who received the money from the Defendant’s agricultural bank account and delivered the fishing items in the way of delivering the money.

On September 17, 2015, the Defendant arbitrarily sold a total amount of 25,120,000 won through the Internet from July 5, 2016, such as the daily list of crimes (1) in attached Table 82 times, from that time to July 5, 2016, when he/she stores fishing goods in the store for the victim in the course of performing his/her duties.

2. During the period from September 17, 2015 to July 5, 2016, the Defendant arbitrarily carried 1,199,500 won in total and 2100 won in the market price as shown in the annexed crime List (2), while he kept fishing goods in the store for the victim in business at the store for the victim.

3. The Defendant’s cash portion from the beginning of April 2016 to the same year.

7. Between 14. and 14., the sales proceeds of the goods for the victim were kept in custody for the victim at the sales store of the above fishing products, with a total of KRW 4,000,000 per share of 40 times per week and per Saturday.

Accordingly, the defendant's total amount of 30,319,500 won and property owned by the victim.

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