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(영문) 부산지방법원 동부지원 2016.08.29 2016고단1006
업무상횡령
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of five million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On April 30, 2008, the Defendant, including the Defendant’s power, status, etc., was issued a summary order of KRW 1 million as a result of a violation of the Electronic Financial Transactions Act in the Busan District Court’s Branch Branch Branch on April 30, 2008.

From February 24, 2016 to April 11, 2016, the Defendant served as the store located in the Fstore in the operation of the victimized Company (State representative E) D (representative director E) from February 24, 2016, and was in charge of the sales, management, and collection of the price in the head.

B. On March 15, 2016, the Defendant: (a) sold at will the amount equivalent to KRW 74,417,00,00 in the market price of the above clothes, bags, etc. to B, who was kept in custody for the damaged company on the third floor of the 3rd floor of the building in Busan Metropolitan City, Daegu GGG, Busan, for the purpose of the damaged company; and (b) embezzled it by arbitrarily selling the said clothes, bags, etc. to B.

2. On March 15, 2016, Defendant B purchased F clothes, bags, etc. embezzled by her female from the said son and female in the third floor of the building of Busan Shipping Daegu GG, Busan, and the third floor of the building.

In such cases, the Defendant, who is engaged in the business of purchasing clothing, has a duty of care to verify whether A is an actual owner of the above business establishment, the status of clothes, bags, etc. (whether it is a new product), the motive for sale, and whether the price appropriate for the transaction price is demanded, etc. in good faith.

Nevertheless, the Defendant neglected the above care and neglected to determine the stolen water, but purchased the total amount of KRW 74,417,00 in total at KRW 4,528,00,00, such as F new products clothing and bags.

Accordingly, the Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the police at H;

1. A complaint;

1. A table of the result of inventory inspection;

1. Application of the Acts and subordinate statutes to photographs by cutting down the vision;

1. Article 356 of the Criminal Act and Article 355 (1) of the Criminal Act (the choice of imprisonment) shall apply to Defendant A who has the right to commit a crime.

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