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(영문) 전주지방법원 정읍지원 2016.10.13 2016고단360
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, from February 20, 2012 to September 30, 2015, worked as the Director of the Management Department of Original Food Processing Department in the Victim D Co., Ltd., while engaging in the work of managing original food products and their inventory.

As above, the Defendant: (a) sold the original decoration products kept in custody as inventory goods to the Defendant’s individual customers using his house ship; and (b) embezzled them by means of taking the sales proceeds.

Accordingly, around July 26, 2012, the Defendant embezzled the original original decoration products by using the original decoration products with the market value of KRW 140,000,000, the market value of the victim’s possession, which was in the custody of the victim’s work for the victim, in the storage of the original decoration products at the Si/Y-Eup-si, and then selling them to F who is an individual customer of the Defendant, and then receiving KRW 140,000 from F to the Defendant’s name Gwangju Bank account (G) by receiving KRW 140,000 for sales proceeds.

In addition, from around that time to September 29, 2015, the Defendant continuously embezzled each original decoration product by receiving the sales proceeds from each original decoration product to the Defendant’s name Gwangju Bank (G) and the Agricultural Cooperative (I) account in the name of the Defendant, after selling the original decoration product at will in an amount of KRW 242,695,924 in total at 1,221 times, as shown in the list of crimes in the attached list of crimes.

As a result, the defendant embezzled the amount of 242,695,924 won of original decoration products owned by the victim who was kept in stock.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of H by the prosecution;

1. Statement to J police officers;

1. Details of each account, transactions, and transportation;

1. Application of Acts and subordinate statutes to investigation reports (specific relation to the amount of embezzlement);

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

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