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(영문) 서울중앙지방법원 2016.07.20 2015고단4714
재물은닉
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

A victim D is a corporation established for the purpose of manufacturing, wholesale, or retail business of clothing for young children.

From May 15, 2013 to June 3, 2014, the Defendant served as sales staff at the victim company’s “G store” located at the second underground department store located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu.

The actual operator of the victim company ordered employees, including the defendant, to keep the clothing to be sold at the store in the second basements below the F department store, and according to the direction, the clothing was stored and managed in the above warehouse.

Nevertheless, the Defendant’s intent was to conceal the victim’s company’s clothes in another place from H round to dispose of them for an unsound purpose; from November 2013 to May 2014, 201, the Defendant used the victim’s 1,091 punishment (or equivalent to 74,37,00 won at the market price); J’s 237 punishment (or equivalent to 69,374,70 won at the market price); K’s 286 punishment (or equivalent to 19,84,00 won at the market price) on hand to hand; and used the above 286 punishment (or 19,84,00 won at the market price) by recklessly relocating the victim’s 2nd floor below the above department store to a 3rd floor storage.

Summary of Evidence

1. A witness H and each legal statement in L;

1. Data related to certified copies of the register, content verification, resignation, results of inventory inspection, Kaxo, and inventory inspection of the inventory of this case (Evidence Nos. 2-7);

1. A report on investigation and a written statement [the list of evidence Nos. 16];

1. The following circumstances, i.e., the Defendant’s inventory inspection conducted on February 24, 2014, reported the inventory quantity to the victim company and returned all the goods that were newly stored and sold to the victim company, such as the current status of inventory and the discovered clothes [Attachment 18, 19 of the evidence list] / [the Defendant denied the charges, but since the Defendant reported the inventory quantity to the victim company on February 24, 2014, new inventory were returned to the victim company, there was no possibility that new inventory may be mixed with the said concealed clothes. The number of the goods concealed by the Defendant is by electronic sales by the victim company.

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