(영문) 광주지방법원 2020.12.23 2020고단5118

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(영문) 광주지방법원 2020.12.23 2020고단5118

업무상횡령등

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The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 25, 2018, the Defendant: (a) was an employee in charge of the business of having access to goods of the Victim C Co., Ltd., a small-scale car parts wholesaler B, who is an employee; (b) around July 25, 2018, the Defendant supplied 6,060 won and embezzled the payment to E, a customer of the victim’s company, who is the customer of the victim company; and (c) arbitrarily used the payment to be transferred to the account in the name of the Defendant; and (d) thereafter, he embezzled the amount of KRW 18,186,642 in total over 38 times until January 16, 2020, as indicated in the list of crimes in the separate sheet.

2. On July 28, 2018, the Defendant: (a) deleted the details of entry into and exit from the victim company’s goods from the electronic computer system and transaction details; (b) deleted the details of embezzlement of the victim company proceeds; (c) deleted the details of the shipment from the victim company’s office to the victim company E; and (d) deleted the details of the shipment from January 29, 2020 to January 29, 202; (c) changed the details of the shipment from 38 occasions, such as the list of crimes, to change the prior records of the victim company’s rights and duties; and (d) kept them with the victim company and exercised the changed prior records.

Summary of Evidence

1. Police suspect interrogation protocol concerning F of the defendant's statement in court;

1. The police statement concerning B;

1. Details of account transfer (32 pages of investigation records);

1. Application of the Acts and subordinate statutes governing transactions;

1. Relevant Article 356 of the Criminal Act, Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, comprehensively including the relevant Article of the Act and the choice of punishment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

참조조문

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