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(영문) 서울동부지방법원 2014.10.15 2014고단1603
업무상횡령등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On February 29, 2012, the defrauded: (a) around February 29, 2012, the Defendant, while working in the Dongin Sports D store located in Dongdaemun-gu Seoul Metropolitan Government, was not employed as a daily worker; (b) on February 11, 201, the Defendant falsely prepared a work log to employ a daily worker and let him/her work as a daily worker; and (c) filed a claim for the daily wage for the victim’s Dongin Sports Co., Ltd.

The Defendant received 550,000 won from the victim to the business bank account in the name of the mother of the Defendant under the name of the business bank account in the name of the victim.

From that time until August 31, 2013, the Defendant received a total of KRW 13,400,000 from the victim through the same method 18 times in total, as shown in the attached list of crimes, from the Defendant’s mother, to an enterprise bank account in the name of E.

Accordingly, the defendant was given property by deceiving the victim.

2. From January 16, 2012 to August 18, 2013, the Defendant engaged in the business embezzlement management of the said branch as a manager at the places indicated in the foregoing paragraph (1).

On August 18, 2013, the Defendant did not return 13,825,840 won of the total of 13,825,840 won and 560 inventory goods, which were in storage in the store, to the victim, by arbitrarily disposing of them.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the prosecutor's office and police interrogation protocol of the accused;

1. The statement of each police officer made to F and G;

1. Each investigation report (written) - Accompanying documents

1. Application of Acts and subordinate statutes to the current status of daily-service benefit investigation, detailed list of corporate tax data, actual inspection report of inventory compared to books, current status of sales room receipts and disbursements, detailed list of accounts, account books, records of account settlement, current status of sales receipts and disbursements, sales interest list, and current status of inventory;

1. Article 347 of the Criminal Act, which covers the pertinent Article of the Criminal Act and the choice of punishment.

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