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(영문) 창원지방법원 통영지원 2020.04.10 2019고단1479
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who had been engaged in the management, etc. of automobile parts stored as D while serving as a staff member from around 2014 to April 2019 from the victim C, which was operated by the victim C during the scamb.

1. Around December 30, 2018, the Defendant embezzled KRW 321,816 by arbitrarily disposing of KRW 321,816 in a way that he/she arbitrarily disposes of and uses “E” parts stored in the said D on behalf of the victim, without taking custody of 24 parts of the said E (13,409 won at market price) while performing his/her duties, and embezzled property equivalent to KRW 1,827,97 (including additional taxes) more than three times in total from around that time to January 15, 2019, such as the list of crimes (influence treatment) in attached Form 3.

2. Around August 13, 2018, the Defendant embezzled KRW 737,776 by means of electronic data storage and compulsory adjustment (FINH) and deletion of electronic data at around March 19, 2019 and embezzled KRW 63 times in total, 63 times from that time until April 22, 2019, as shown in the List of Crimes (NINH).

3. Around January 8, 2016, the Defendant embezzled a total of 51,784,561 won (including additional tax) worth of KRW 51,784,561 (including additional tax) in total over 1092 times from around that time to July 18, 2018, while he/she arbitrarily disposed of and used parts equivalent to 194,660 won at the market price of parts, “G,” which were stored in the above D, for the victim’s business and then embezzled them by means of electronic inventory adjustment and inventory disposal.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (revision of a list of crimes);

1. Application of the Acts and subordinate statutes of the Motor Vehicle Parts Certification Data.

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