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(영문) 대전지방법원 논산지원 2014.02.11 2013고단332
업무상횡령
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, 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

The Defendant, from around 2002 to July 15, 2012, worked as an employee from the “Drata” of the victim C’s operation in the Chungcheongnam-gun of Chungcheongnam-do, and was engaged in the business of collecting fees from customers in the carter.

1. The Defendant, based on the fact that he/she makes daily settlement in the way of confirming the purchase, etc. of the desire to subscribe to credit card customers by way of occupational embezzlement of the method of issuing a right to subscribe to credit card customers, he/she issued a right to subscribe to the customers who settle by means of a credit card, but did not issue a right to desire to subscribe to the customers who settle by means of a credit card, and attempted to embezzled part of cash equivalent to the fee of the credit card settlement customers who are kept by the customers who settle accounts by cash.

At around 21:00 on Nov. 3, 2007, the Defendant embezzled KRW 7,000, which is a part of the cash that he had been issued from customers and kept in custody on behalf of the victim in the above manner, as seen above, and embezzled KRW 37,053,80 on a total of 952 occasions from July 15, 2012, as shown in the list of crimes in the attached Table, from July 21, 2012.

2. Around July 10, 2012, the Defendant embezzled the amount of monthly membership fees for the Defendant’s occupational embezzlement, by collecting KRW 100,000,000 from the customer E, from the customer E, and embezzled the said amount for personal purposes without returning it to the victim on August 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in relation to C, F and G;

1. Statement of E;

1. The application of the Acts and subordinate statutes to entries in CCTV images, the details of transactions by credit cards, each tax base certificate, sales place, the details of account transactions, and investigation reports (Analysis of Tax-Free Data), or images;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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