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(영문) 광주지방법원 2016.11.11 2016고단3371
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, a household manufacturing dealer, worked from 2006 to 2013, and worked from Da to 2013 to 30, 2014, and has been engaged in the business of selling goods and selling proceeds.

1. Around July 21, 201, the Defendant: (a) sold 820,000,000 won of the household market at the victim C warehouse located in Kimpo-si, Kimpo-si, Kimpo-si; (b) embezzled by arbitrarily using the same method for personal purposes, such as living expenses, etc. around that time; and (c) embezzled 30,610,000 won in total through the same method on 22 occasions from March 27, 2012 as shown in Appendix I, from that time to March 27, 2012.

2. Around February 5, 2014, the Defendant: (a) was issued KRW 5 million as agent franchise at the victim D Jeong-Eup store located in Jung-Eup, around February 5, 2014; (b) was embezzled by arbitrarily using KRW 4,211,950 among them for personal purposes, such as living expenses, etc. around that time; and (c) was embezzled by using KRW 23,181,710 for four times from March 15, 2014 as indicated in attached Table II, and embezzled by using KRW 23,181,710 for personal purposes, such as living expenses, etc. while on duty for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the suspect interrogation protocol of each prosecution against the accused;

1. Each statement made by the police officer in F and G;

1. Application of each Act and subordinate statute, such as a written agreement on transactions, copy of passbook, detailed statement of transactions, remittance, output of CCTV screen, inventory adjustment and disposal report, certificate of deposit, copy of passbook, etc.;

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

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