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(영문) 수원지방법원 2018.04.19 2017고단7103
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who served as a business employee in D operated by the victim C from November 2013 to February 2016.

1. On February 5, 2014, the Defendant: (a) sold food equivalent to KRW 213,700,00 in total to the G Mart of F management, which is a customer, while working as a business employee in Young-gu E; (b) sold food of KRW 213,700,00; (c) sold to F, not a normal electronic computer transaction statement; (d) sold to F, and paid the price in cash, and used it for personal purposes around that time while being kept in custody for the victim; and (e) from around that time to January 26, 2016, the Defendant embezzled and embezzled for personal purposes only nine times, as described in the list of crimes in the attached Table, at around that time, the sum of KRW 2,005,726,00,000,000, which was collected nine times as above, and delivered to the victim without delivering the remainder to the victim at his/her discretion.

2. On February 2, 2016, the Defendant, at the foregoing D office, signed by the Defendant to the effect that “I will not require return” from G MtF in the future.

“I enter into a transaction under the condition that I will not return the progress of their possession” together with the instructions.

Upon receipt of a computerized transaction statement containing reference information, such as “the supply of necessary items after telephone orders,” the said transaction statement was issued to the said F, and if it was presented to the said F, the said electronic transaction statement was issued to the said C, which was the initial of G Mt H, in the column of “the representative seal” of the remaining electronic transaction statement, that there was concern for him to comply with his arbitrary preparation of the transaction statement.

Accordingly, the defendant forged another person's signature for the purpose of exercising it, and exercised it.

Summary of Evidence

1. The entry of part of the accused in the first trial record;

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