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(영문) 대구지방법원 2019.10.31 2019고단3598
업무상횡령
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 1, 2018, the Defendant entered into an interim management contract with the victim (the state)B on or around April 1, 2018, and entered into an interim management contract with the victim (the state)C from February 18, 2019 to manage the sales of the clothing goods entrusted by the victim company for the management of the sales of the clothing goods, and is engaged in the business of paying fees in accordance with the sales amount.

1. From April 1, 2018 to February 28, 2019, the Defendant embezzled KRW 22,766,320 of the aggregate of the sales clothes 338 points sold by the victim company for personal purposes, such as living expenses, etc., by arbitrarily using KRW 22,76,320 of the total amount of sales of the clothing 338 points sold by the victim company for personal purposes, including living expenses, while he/she received KRW 69,90 in cash from the victim company and received KRW 69,90 in cash.

2. On May 21, 2019, the Defendant embezzled KRW 8,937,90,00 from the date and time to June 10, 2019, the sum of the sales consignment sold by the Victim Company from the said shopping center to the said shopping center for personal purposes, such as living expenses, etc., by arbitrarily using KRW 8,937,90,00 as the sum of the sales consignment sold by the Victim Company from the date and time to June 10, 2019, while receiving KRW 26,100,000, in cash for the Victim Company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A written statement of I and J;

1. Investigation report (Intermediate management contract);

1. To change the amount of damage caused by investigation report (State)(s)(s)(B);

1. Application of Acts and subordinate statutes to a report on investigation (in relation to the amount damaged by a complainant (State)C);

1. Imprisonment with prison labor under Articles 356 and 355 (1) of the Criminal Act, which relate to relevant Articles of the Criminal Act and the selection of punishment for the crime;

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