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(영문) 서울서부지방법원 2015.07.17 2013고단3528
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten 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 concluded a general sales contract with the victim (the week) and had the victim supply goods by receiving orders from the customer's pharmacy, or had the customer's pharmacy pay for the goods to the victim by proxy.

When the defendant collects the price of goods from the customer's pharmacy, he/she shall ensure that the price of goods is deposited into the account designated by the victim, and if the defendant receives the price of goods, he/she shall deposit the price of goods into the passbook account of the victim without delay.

Nevertheless, around February 27, 2012, the Defendant embezzled the total amount of 154,246,334 won of goods and products, as shown in the attached crime list, after receiving 6.6 million won of goods from the E pharmacy located in Mapo-gu Seoul Metropolitan Government D to the post office passbook under the name of the Defendant, and using them for personal purposes for the victim company.

Summary of Evidence

1. The defendant's partial statement in the third protocol of trial;

1. Statement made by a witness F in the fourth trial record;

1. Sales agency contract;

1. Details of fees for A agency services, a detailed statement of delivery and receipt of a ATC18 pharmacy, ETC4 pharmacy delivery and receipt, an ETC14 pharmacy delivery and receipt, a detailed statement of delivery and receipt of a A agency services, an OTC30 pharmacy delivery and receipt, an OTC30 pharmacy delivery and receipt, an OTC26 pharmacy delivery and receipt, and a current status of the A agency services delivery and receipt;

1. A certificate of balance of each pharmacy, the head of each pharmacy, each transaction card, each credit card, each pharmacy's certificate, each pharmacy's certificate, each business partnerAGING, etc., the details of post office entry and departure, and the details of deposits and withdrawals by one bank;

1. Determination as to the defendant's assertion in each fact-finding inquiry report

1. A portion of embezzlement for products;

A. The order in the name of another pharmacy is issued in order to convert and sell products returned to customers, such as sales store and president, etc., by means of an in-house sales policy, etc. to increase the sales of the alleged victim.

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