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Reasons
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(영문) 서울남부지방법원 2018.01.25 2017고단5845
업무상횡령
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On December 1, 2011, the Defendant entered into a consignment contract for male uniforms brand “G” products imported by F Co., Ltd. and operated the “I” firm name within the H building in Yangcheon-gu Seoul Metropolitan Government H, and the victim supplied the products to the victim, and the Defendant paid a certain ratio of sales proceeds to consignment sales fees when selling, managing, customer management and inventory management.

1. On February 12, 2015, the Defendant embezzled KRW 114,19,000 from February 12, 2015 to June 22, 2017, the sales proceeds of the victim’s clothes held in the occupational custody, including embezzlement of KRW 595,00,00, by means of manipulating inventory by entering false information in the account book or computer in order to meet the inventory quantity, even though the Defendant sold a male bags equivalent to KRW 595,00 at the I’s clothes store and arbitrarily used the sales proceeds of the victim’s goods held in the occupational custody, such as attached Table 1, 2, from February 12, 2015 to June 22, 2017.

2. On May 28, 2017, the Defendant embezzled KRW 2,279,050 from May 28, 2017 to June 17, 2017, the sales proceeds of 2,279,050 owned by the victim and embezzled KRW 43,360,450 from May 28, 2017 to June 17, 2017, of the victim’s clothes sales proceeds, which were in his/her business custody, by falsely approving the sales proceeds by a credit card of the victim in order to meet the inventory quantity, but returning and disposing of the inventory after the investigation, and manipulating the inventory, thereby concealing the sales proceeds of 2,279,050 by manipulating the inventory.

As a result, the Defendant embezzled the sum of KRW 157,559,450 for the sales price of the clothes owned by the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes of a certificate of inventory inspection;

1. Articles 356 and 355(1) of the Criminal Act of this Act concerning criminal facts.

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