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(영문) 창원지방법원 2018.09.19 2018고단1532
업무상횡령등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From November 7, 2016 to September 19, 2017, the Defendant was in charge of the sales of LG electronic electronic equipment and the collection of proceeds from LG electronic equipment in the sense of Kim Sea B and the injured party CD Kim Sea.

On May 21, 2017, the Defendant sold 1,350,000 won to customers E with 1,60,000 won of the market price, 2,952,00 won of the gift certificates as sales proceeds, and used 350,000 won of the said gift certificates as part of the said gift certificates for personal purposes, such as repayment of debts, etc. on the same day while the Defendant deposited 2,952,00 won of the said gift certificates for business purposes.

From around that time to July 11, 2017, the Defendant embezzled a total of KRW 2,550,000 by the same method from the place of time in Kimhae-si to five times, as indicated in the List of Crimes (1) of Attached Crimes.

2. On August 19, 2017, the Defendant: (a) on August 19, 2017, paid the purchase price of laundry machine, water purifiers, TV, etc. in cash by credit card to the victim F who had already paid the purchase price of laundry, water purifiers, and TV; (b) on a discount of KRW 10,188,000 by applying this merchandise coupon; and (c) on a credit card, the payment by credit card will

In addition, it made a false statement that 5,812,00 won per week would be paid for merchandise coupons of 6,00,000 won per week.

However, in fact, the defendant, upon receipt of cash, thought that it will be used for the cost of living such as repayment of personal debts, and even if he receives cash from the injured party, he did not have the intention or ability to cancel the payment

Nevertheless, the Defendant: (a) deceiving the victim and deceiving the victim as above; (b) KRW 1,958,000 for sales proceeds around July 25, 2017; (c) KRW 27,58,80,00 for the same month; and (d) KRW 2,350,00 for the same month; and (c) KRW 28,350,00 for the same year;

8.21.1,940,000 won, and the same year;

8. The sum of KRW 16,00,000,000 in total, 27.3,872,000, was remitted to the Defendant’s financial account (G) in the name of the Defendant.

The defendant shall be the defendant.

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