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(영문) 전주지방법원 군산지원 2018.02.21 2017고단1271
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From January 2015 to February 2, 2017, the Defendant has been working in the Ethmbling F operated by the victim D in the next City City from January 2, 2015 to February 2, 2017, and has been engaged in the management of all the store operations, such as product sales, inventory confirmation, and transfer of sales proceeds.

1. On September 2, 2016, the Defendant: (a) sold a paint (a model name: 21/617/17/16512); (b) deposited the price of KRW 1,538,00 to G; and (c) received deposit from H’s account under the name of the Defendant’s seat, rather than the bank account designated by the victim; and (d) used at his/her own expense, such as repayment of debts and living expenses, etc. for the victim’s personal use at around that time; (b) from July 2, 2016 to January 2, 2017, the Defendant deposited the price of KRW 23,484,000 in total at the market price from July 2, 2016 to January 2017; and (c) received the money directly from H’s account or account in the name of the Defendant’s seat; and (d) received the money directly from H’s account or account in cash in the name of the said company.

2. On August 9, 2016, the Defendant, such as a bank, embezzled four bags displayed in the above store for sale on behalf of the victim by providing them as collateral and embezzled by offering them to the G in Y in Y in Y in Y in Y and the second floor, and by providing them as collateral during the period from December 20, 2016 to December 20, 2016, in order to raise funds, such as the Defendant’s repayment of the Defendant’s obligation and living expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Complaints, CCTV photographs, letters, inventory lists, list of goods accused of the first accusation, credit card transactions, details of credit card transactions, additional accusation receipts, source collection receipts, and list of goods;

1. Investigative Report (Attachment of Certificate of Submission of LM), Confirmation, .

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