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(영문) 창원지방법원 2013.07.24 2013고단62
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From September 2008, the Defendant’s work performed the duties, such as paying meal costs, while serving at E department stores operated by the victim D, which were located in Seongbuk-gu, Changwon-si, Sungwon-si, as restaurant managers.

2. Around August 27, 2010, the Defendant, through the manipulation of Posting machines, embezzled money in cash at the department stores, such as the above Paragraph (1), and embezzled KRW 25,150,700,00 from that time until July 31, 2012, following the following: (a) at the department stores store store as described in the above Paragraph (1) in which customers provided meals; and (b) the Posing machine, with the intent of inducing customers to freely engage in the transaction of cash and freely use cash; and (c) at the time, the Defendant embezzleds KRW 25,150,700, the amount of settlement received from customers through multiple times until July 31, 2012.

3. On August 2012, the Defendant embezzled the market funds occupational embezzlement by arbitrarily using KRW 500,000, which the Defendant kept in the cafeteria for the victim at the department store, such as the above paragraph (1), in the early stage of August 2012.

4. Around July 2012, the Defendant embezzled the money by arbitrarily taking advantage of the amount of KRW 330,90,000, which should be paid to the customer at the department store, such as the above Paragraph 1, at the end of July, 2012, while being kept in custody for the victim.

Summary of Evidence

1. The defendant's legal statement (the sixth court date);

1. The first police statement concerning D;

1. Application of Acts and subordinate statutes of the manual analysis table and manual processing table;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (the first crime and the points agreed with the victim, etc.);

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