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(영문) 대구지방법원 2019.09.17 2019고단1514
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From August 7, 2015 to June 5, 2018, the Defendant was engaged in the business of selling clothes and managing employees of the victim C, a company with the second underground department store in Daegu Jung-gu, Daegu-gu, Seoul-gu, and the second department store.

1. The criminal defendant had a person who does not actually engage in fraud register falsely as an employee of sales outlet of the victim company, had the victim C Co., Ltd. pay benefits to the account in the name of false staff, and had the victim C receive the relevant benefits from the aforementioned false staff, and had the said false staff receive the relevant benefits by fraud;

On January 2016, the Defendant: (a) had been aware of the fact in the above store around 68 times, including that D had been engaged in normal work despite the fact that D had been employed as an employee of the victim company; (b) had D falsely registered as an employee in the computer of the victim company; (c) had the victim company pay KRW 2,071,703 to D’s account as wages; and (d) received it through D; and (c) had received KRW 140,03,320 in total over 68 times from March 2017 by the same method as indicated in the list of crimes in the attached list of crimes in the same manner; and (d) had the victim company, who became aware of the Defendant’s criminal act twice, attempted to refuse payment.

2. Around May 10, 2018, the Defendant interfered with the business of the victim company’s inventory inspection conducted by the head office of the victim company in the above store borrowed an amount equivalent to KRW 6,706,00,000 of the total amount of the 34 clothes of other stores among the inventory inspection conducted by the victim company’s head office, and, as if there was no loss to the Defendant’s store, the Defendant could interfere with the victim company’s inventory inspection duties by fraudulent means.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. The police statement concerning G;

1. Investigation report (Submission of reference materials to a complainant or an agent);

1. Application of the Acts and subordinate statutes to the complaint;

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