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(영문) 광주지방법원 2016.05.19 2015고단4678
업무상횡령등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. The Defendant is a business employee who was engaged in the description of goods, publicity, etc. from September 15, 2014 to December 10, 2014 operated by the victim D in the second floor of the Seo-gu Seoul Building in Gwangju-gu.

On October 1, 2014, the Defendant arbitrarily used 5,374,000 won in total over 12 times, such as the list of crimes in attached Form (1) from around December 30, 2014 to December 30, 2014, when he/she had been in custody for the victim at the “G” office located in Seo-gu, Seo-gu, Gwangju, and KRW 600,000 from H for personal purposes.

Accordingly, the defendant embezzled the property of the victim who was under custody in the course of business.

2. On January 24, 2015, the Defendant would make a mobile website at the “J” office operated by the victim’s name in Gwangju-I, and “in cash, KRW 330,000,000,000,000,000,000.”

The phrase “ makes a false statement.”

However, the facts are that the Defendant informed the company of the crime of occupational embezzlement, such as Paragraph 1, and retired from the office on December 10, 2014, and there was no intention or ability to create a mobile website even if the Defendant received the production cost from the injured party.

The Defendant, by deceiving the victim as such, received KRW 330,00 from the victim to the Saemaul Treasury account in the name of the Defendant for the same day as the cost of manufacturing the website, and received the total amount of KRW 1,168,000 from the time to January 30, 2015 by the same three times, such as the daily list of crimes (2) in attached Table (i.e., the period from January 30, 2015).

Accordingly, the defendant was informed of the victims to receive each property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Details of transactions by account;

1. A copy of each contract;

1. Application of the Acts and subordinate statutes of photographs, such as details of transactions of gold accounts.

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