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(영문) 서울중앙지방법원 2020.11.10 2019고단7748
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in the business of selling and collecting cosmetics of a victim while working as a business member of D in the operation of the victim C from June 3, 2018 to March 13, 2019.

On June 3, 2018, the Defendant spent 163,00 won for personal purposes, such as personal debt repayment, etc. around the time when the Defendant was in the custody of the damaged company by receiving 163,00 won from the victim’s customer E in the account in the name of F Bank (G) and used 31,902,460 won to the F Bank account (H) account in the name of the victimized company, and arbitrarily consumed the remainder of 58,436,242 won, from around that time until March 14, 2019, as shown in the list of crimes in the attached Table, from around 315 to around March 14, 2019.

As a result, the defendant embezzled the property of the victimized company that was under the occupational custody.

The Defendant is a person who has been engaged in the sale and collection of cosmetics of the above company while working as a business member of the Drin company located in Gwanak-gu in Seoul Special Metropolitan City from June 3, 2018 to March 13, 2019.

The Defendant, while working as a business employee of the above company, received orders for cosmetics from its customers or customers and received orders for cosmetics purchase money from its own account, but did not notify such fact to the above company, or used arbitrarily for personal purposes such as cost of living by returning only part of the purchase money in its own account to the company's account.

【Criminal Facts】

On March 4, 2019, the Defendant told the victim I to the effect that “I would send cosmetics upon deposit.” The Defendant should promptly determine the purchase of the personal items using the Kakaox Mex Mex. When depositing the price, I would send cosmetics.”

However, the defendant is true.

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