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Reasons
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(영문) 수원지방법원 안산지원 2013.12.20 2013고단2632
업무상횡령
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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant has been engaged in the sales and sales management of the said store as the occupant D from November 26, 2008 to October 15, 2012 in the “E” operated by the victim D in Si interesting City from November 26, 2008.

1. Around August 17, 2009, the Defendant deposited KRW 1,000,000 from the victim to the deposit account in the name of F, a part-time employee of the above store, and received from the victim to the deposit account in the name of F, and deposited KRW 932,00 in the deposit account in the name of F and H, while the victim was in the course of his business custody, and deposited KRW 932,00 in the deposit account in the name of a new bank in the name of F and H, and then consumed the remainder for personal use, such as living expenses, around that time.

From August 17, 2009 to September 17, 2012, the Defendant consumed total of KRW 6,832,230 over 16 times from around 17, 201 to around 17, in the same manner as the list of crimes in the annexed sheet, and embezzled it for the personal purpose of the Defendant.

2. Around January 1, 2012, the Defendant deposited KRW 30,000,000 from the J operating the Internet shopping mall I, which is a customer, into the deposit account in the name of the Defendant (K) in the name of the Defendant, and embezzled the money lending or any other personal use while working for the victim on or around January 19, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office and police interrogation protocol of the accused (including substitute part);

1. Each police statement of M or D;

1. Review of the details of total deposits in the new bank benefit account;

1. Application of Acts and subordinate statutes of each specification of transactions;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the amount of damage recognized by the defendant is fully repaid

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