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(영문) 서울동부지방법원 2015.03.18 2014고단313
업무상횡령
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. From December 16, 2008 to August 13, 2011, the Defendant, as an employee of the “D Company” operated by the victim B in Gangdong-gu Seoul Metropolitan Government, engaged in the business of delivering alcoholic beverages to the customer and paying the proceeds thereof to the company.

Around April 1, 2011, the Defendant paid KRW 2,200,000 to the victim of KRW 2,200,000 while working for the victim in G operated by F in Gangdong-gu Seoul, Gangdong-gu, and used KRW 1,04,00 for personal purposes, such as entertainment expenses, at will around that time.

In addition, from around that time to July 30, 201, the Defendant voluntarily consumed KRW 20,120,000 by the same method over a total of 20 times, as shown in the Schedule of Crimes (1).

Accordingly, the defendant embezzled the victim's property.

2. The Defendant, as a business employee of the Victim H Co., Ltd., the victim H, from July 201 to August 13, 2013, has been engaged in the business of delivering a disposable container to the Customer and paying the price to the Company.

On May 25, 2012, the Defendant collected KRW 4,700,000 from K operated by Songpa-gu Seoul Songpa-gu Seoul J, and paid KRW 2,700,000 to the victim while on duty while on duty for the victim, and consumed KRW 2,00,000 for personal purposes such as entertainment expenses at will around that time.

In addition, from around that time to July 27, 2012, the Defendant voluntarily consumed the total of KRW 15,009,300 by the same method 18 times in total, as shown in the List of Offenses (2).

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning M and B;

1. The records of each embezzlement;

1. Application of Acts and subordinate statutes to a copy of statement of transactions and written confirmation of customers;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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