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(영문) 대전지방법원 천안지원 2011.11.18 2011고정678
업무상횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From April 1, 2003 to December 31, 2010, the Defendant, as a business employee at the victim East Asian sports Co., Ltd. D branch in Seoan-gu, Seoan-gu, Seocheon-si, Seoan-si, Seoul, engaged in the business of selling goods and receiving money.

1. On September 2010, the Defendant voluntarily consumed the amount of goods worth KRW 2,348,430,00 in total on four occasions, as indicated in the separate crime list (1) from around the following day to November 3, 2010, which was kept for business purposes by collecting KRW 680,430 from the business partner of “F” located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

2. On September 28, 2010, the Defendant voluntarily disposed of goods worth KRW 9,635,890 in total 20 times from around 20 times to November 30, 2010, as indicated in the list of crimes (2) in the following: (a) while the instant company’s D branch of the said company had been engaged in the business of storing 40 boxes and 20 boxes of bel and bel of bel of bel of bel of being supplied to customers of the trade name “H” located in Asan City; and (b) around that time, the Defendant disposed of goods worth KRW 9,635,890 in total from around 20 times to November 30, 2010.

Accordingly, the Defendant embezzled the total amount of 11,984,320 won and goods.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Statement of the police statement to I;

1. The Defendant’s assertion of a gold embezzlement specific table and a stock embezzlement specific table is more than the price designated by the victim company at the time, and the victim company pressures the disposal of the existing outstanding amount corresponding to the difference, and the victim company’s prior disposal of the outstanding amount was less than 2,348,430 won due to the payment of the existing outstanding amount under the implied consent of the victim company or the head of the branch office, etc., and there was a shortage in the amount of KRW 2,348,430, which is the sum of the existing amount due to the payment of the outstanding amount due to the price of the goods, and there was no omission in the embezzlement of the said money individually as stated in paragraph (1) of the crime.

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