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(영문) 서울중앙지방법원 2019.01.17 2016고단8805 (1)
업무상횡령
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On May 4, 2012, the Defendant sentenced the Seoul Central District Court to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on January 6, 2014.

【Criminal Facts】

1. From January 11, 2016, the Defendant has been engaged in the display, arrangement, and calculation of store articles while working as an employee of “D convenience store” in the victim C’s operation in Gangnam-gu Seoul Metropolitan Government from around January 11, 2016.

The Defendant, while putting the sales price of the convenience store into a bank by day under the cost of calculating convenience points, was put in a bank and kept for the victim. At around 19:00 on January 12, 2016, at the above convenience point, the Defendant opened the said bank and embezzled 420,000 won from the sales price of January 9, 2016, from the sales price of the same month to the 333,200 won from the sales price of the same month, and 1,007,000 won from the sales price of the same month from the 10th day of the same month to the 18th day of the same month as shown in the list of crimes in the attached Table.

2. From January 21, 2016, the Defendant has been engaged in the display, arrangement, and calculation of store articles while working as an employee of “convenience store” operated by the victim F in Gangnam-gu Seoul Metropolitan Government from around January 21, 2016.

The Defendant, while placing the sales of the above convenience store in the depository in the convenience store and keeping it for the victim, opened the above safe around 08:15 on February 1, 2016 and embezzled the sales amount of KRW 1,707,030, and around that time, used the proceeds for personal purposes such as living expenses, etc. in Seoul Special Metropolitan City.

Summary of Evidence

[2016 Highest 8805]

1. Defendant's legal statement;

1. C’s statement;

1. Case report;

1. A criminal investigation report (report on the result of the analysis ofCCTV images and the interview with the complainant);

1. Defendant's legal statement;

1. The statement concerning F;

1. CCTV-faging photographs and G messages (pre-post) 1.

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