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Reasons
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(영문) 서울동부지방법원 2014.10.30 2013고단3428
업무상횡령등
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A defendant shall be punished by imprisonment for six months.

The defendant shall pay 2,230,000 won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

The Defendant is a person who works as an employee in D from October 22, 2009 to April 20, 2012 and is engaged in the business of clothing sale, settlement, etc.

1. A thief: (a) around 19:02 on March 17, 2012, the Defendant stolen the clothing sales price of KRW 2,230,000,000, in total 24 times, from that time, from that time to April 15, 2012, in the D sales account room for the victim’s operation in Songpa-gu Seoul Metropolitan Government, (b) around 19:02.

2. The Defendant embezzled the sales proceeds received from a customer who purchased clothings in cash in the above D shop on his/her duty for the victim, using the sum of KRW 13,067,190 as shown in the annexed crime list (2) by arbitrarily consuming such sales proceeds without paying them into the store from October 22, 2009 to the end of October 201, without paying them into the store.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness C and F;

1. Each police statement of C;

1. Application of Acts and subordinate statutes on the settlement of the account of on-the-spot data in the city of 201, to the upper half of the year 2009-201, such as the details of the settlement of the account of on-the-spot data in the complaint book, log, CCTV closure screen, D 209-201;

1. Articles 356, 355 (1), and 329 of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 25(1)1 and Article 31(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Compensation Order (applicant for compensation seeking payment of KRW 15,297,190 in total of the theft amount and the embezzlement amount of KRW 2,230,000,067,190. However, with respect to part of the damage amount among the embezzlement amount from October 2009 to December 201, which is a part of the embezzlement amount, the Defendant cannot specify the amount of compensation in relation to the crime of embezzlement by mutual agreement with the victim and the non-compensation work for six months from the end of December 2010, and thus, the Defendant cannot accept the part of the crime of larceny only citing the part of the crime of larceny).

1. Class 1 crimes:

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