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(영문) 서울남부지방법원 2013.05.29 2012고단3342
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From April 19, 201 to September 27, 2011, the Defendant engaged in the business of storing and selling clothing supplied by the victim upon entering into a consignment contract with each victim C at a new world department store B shop from September 29, 201 to November 23, 201, and from September 29, 2011 to November 23, 201.

From April 19, 201 to September 27, 2011, the Defendant was supplied with clothing from the victim company at the new global department store B retail store in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, 434-5, and kept it for business purposes. Around that time, the Defendant sold the clothing, etc. of an amount equivalent to KRW 13,308,60, which was found at least 99, including clothing, etc. at the market price of KRW 13,308,60, as shown in the attached Table 1, and received cash or arbitrarily taken it out, and consumed the money for personal purposes without paying the money to the victim. From September 29, 201 to November 23, 2011, the Defendant disposed of the clothing, etc. at KRW 2036,706,300,000,000 in the attached Table 230,000 won and KRW 2836,00,000.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Each police suspect interrogation protocol against the accused (including the statement section D);

1. Statement made to D by the police;

1. Each inventory transfer and takeover note and inventory transfer sheet, and each written confirmation;

1. Current status of receipts and disbursements for each store;

1. Application of the Acts and subordinate statutes on consignment sales contracts;

1. It is so decided as per Disposition on the grounds of Articles 356 and 355(1) of the Criminal Act, Article 355(1) of the Criminal Act, and the choice of imprisonment or more;

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