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(영문) 서울동부지방법원 2013.05.10 2012고합615
특정경제범죄가중처벌등에관한법률위반(횡령)
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A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant, from September 2003 to November 2009, was engaged in the sales and collection of medicine in the victim E, a company with the first floor of Mapo-gu Seoul Mapo Building, which was an employee in charge of business.

From January 24, 2007 to November 10, 2009, the Defendant arbitrarily disposed of drugs to be supplied to the “F Pharmacy”, which is the customer of the victim company, or embezzled drugs worth KRW 35,302,54 in total, which are collected from the “F Pharmacy”, in a manner that does not pay to the victim company, using them for the personal use of the Defendant, such as entertainment tavern investment money, etc., during the course of business custody for the victim company, and embezzled them by arbitrarily using them for the victim company, as shown in the attached crime list, from January 24, 2007 to November 30, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness G and H in the first trial record;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of G and H;

1. Each accompanying document of the investigation report (to submit G data to the complainant's agent);

1. A criminal investigation report (report on attachment of embezzlement data to a suspect);

1. A complaint;

1. Current status of embezzlement by customer, confirmation of the balance by customer, and the head of each sales office;

1. A pharmacy confirmation, a pharmacy closure report and notification (I pharmacy);

1. Application of Acts and subordinate statutes on the loan certificate;

1. Determination as to the defendant's assertion of Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 355 (1) of the Criminal Act for the crime at issue

1. Of the embezzlements of the facts charged in the instant case, the remainder, other than KRW 200 million, is the amount of the settlement of the amount equivalent to the pharmaceutical price returned upon the request of the transaction partner after the Defendant paid the medicine to the transaction partner as the rebates payment practices of the victim company:

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