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(영문) 부산지방법원 동부지원 2014.03.04 2013고단1848
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From around 2010 to April 2012, the Defendant has been engaged in the purchase and sale of goods as the head of the ice Service Team of the Victim E Co., Ltd (Change of Trade Name to C Co., Ltd. on July 1, 2012) operating the Internet shopping mall from around 2010 to April 201.

1. Around August 4, 2010, the Defendant, at the victim’s office located in Pyeongtaek-siF, made a false sales claim as if he received an order for the victim’s merchandise coupon issued from G, and received a merchandise coupon equivalent to the same amount from the victim and kept it for the victim’s business. At that time, the Defendant sold the merchandise coupon to the discount company, and consumed the price for the personal purpose, such as debt repayment, living expenses, etc.

From around that time to November 23, 2011, the Defendant embezzled the total sum of KRW 85,70,000 by the same method 34 times from the Busan urban area, such as the statement Nos. 1 to 3, 6, 7, 9, and 37.

2. On July 18, 201, the Defendant: (a) around July 201, at the I logistics warehouse located at H of Pakistan, imported by the victim through the import agent chain G; (b) KRW 20 million for the victim; (c) used the personal debt of the Defendant on the 18th day of the same month, while keeping in custody for the victim KRW 20 million.

From around that time to December 7, 2011, the Defendant embezzled total of KRW 102,549,190 by the same method from the Busan urban area through the same 23 times, such as the Shelled List of Crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of K witness K;

1. A complaint;

1. Application of the Acts and subordinate statutes to the investigation report (the specification of the date of embezzlement of proceeds from the temporary sale and the preparation of a list of crimes), the investigation report (Submission of suspect L data), and the investigation report (Attachment of investigative data);

1. Relevant Articles of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning criminal facts;

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