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(영문) 인천지방법원 2014.02.13 2013고단7339
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From March 14, 2002, the Defendant sold the clothing of the victim company as a sales manager of D stores E stores among the distributed channels of D, one of the clothing and brand of the victim C Co., Ltd. from March 14, 2002, and has been engaged in the business of selling the clothing of the victim company to the above department store.

On March 5, 2011, the Defendant sold clothing equivalent to KRW 359,00 to the 2nd floor D stores of the department store E, and embezzled KRW 168,04,00 for personal use from around March 201 to May 22, 2013, among the following: (a) around March 201, the Defendant sold to the 331st floor of the department store E stores of Incheon, and received cash payments from the 359,000 won to the 359,000 won for the above stores; and (b) consumed at the expense of the victim company for personal use, such as voluntary repayment, from the day of Incheon City, from around March 2011 to May 22, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. H's certificate;

1. Each letter, inventory inspection, report on the records of transfer, excess or shortage in inventory, sales day, sales inventory, store inventory, inquiry into the specifications of release, movement status between points, personal financial transactions, entry and exit transactions, details of deposits in each passbook, preparation of liquidity transactions, and customer receipt cases incurred after each transfer system;

1. The application of Acts and subordinate statutes to report the hearing of telephone statements from each witness, and the confirmation date of storage of items verified as shortage in inventory;

1. The sentence of imprisonment with prison labor shall be imposed considering the following: (a) the amount of embezzlement for the reason of sentencing under Article 356 of the pertinent Act and Articles 355(1) of the Criminal Act regarding the crime; (b) the amount of embezzlement exceeds KRW 168 million; and (c) the amount of damage to the victim has not been fully recovered; and (d) the period and method of the crime, etc., of the crime committed, is inferior

The fact that the above circumstances are led to the defendant's confession and reflects on the crime, the defendant partially deposited the amount, and the defendant.

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