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(영문) 제주지방법원 2014.10.22 2014고단1238
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From July 12, 2010 to March 7, 2014, the Defendant was a person working for “limited company D” in the liquor wholesaler, the victim of Jeju City from July 12, 2010 to March 7, 2014. The Defendant independently worked in the Dong area (from March 12, 2010 to December 31, 201, supplied alcoholic beverages to the customer located in the said area, supplied alcoholic beverages to the customer, and engaged

1. Occupational embezzlement;

A. The Defendant: (a) from July 1, 2012 to July 31, 2012, the 12 business places, including E, F, G, and H, a customer who supplied alcoholic beverages, received alcoholic beverages from the customer business places; and (b) handled as if the customer business places had transacted part of alcoholic beverages; and (c) embezzled KRW 15,214,715 in total of the victim’s goods and foreign goods by arbitrarily using them for entertainment expenses, etc. without paying the money to the victim; (b) from October 1, 2012 to October 31, 2012, the Defendant embezzled KRW 15,214,715 in total from the victim’s goods and foreign goods to the victim’s customers; and (c) used the funds from eight business places, including the customer business places, including I, J, G, and K, to keep them in custody in the course of business.

3. From February 1, 2014 to February 28, 2014, the Defendant received alcoholic beverage payments from the clients in six business establishments, such as H, K, L, and J, which are customers supplying alcoholic beverages of the victim, and kept the same in the course of business, and embezzled KRW 6,795,812 in total of the victim’s goods and foreign goods by using the said method as above.

B. After the victim supplied alcoholic beverages to the customer, the Defendant, after selling the alcoholic beverages to the customer, keeps the empty beverage in a separate register with the empty beverage in which the customer sells the alcoholic beverages to the customer, and then returns the alcoholic beverages to the victim, only the amount calculated by subtracting the amount equivalent to the number of alcoholic beverages and the amount equivalent to the “deposit money for container” shall be paid as the alcoholic beverage price.

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