(영문) 서울중앙지방법원 2017.01.11 2016고단8481

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(영문) 서울중앙지방법원 2017.01.11 2016고단8481

업무상횡령

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From September 1, 2014 to July 31, 2015, the Defendant has been engaged in the management of the business as the head of each business of the victim C's store located on the first floor of the Gangnam-gu Seoul H underground, Gangnam-gu, Seoul, and from August 1, 2015 to April 1, 2016, and the head of each business of the victim C's store located on the fifth floor of Yongsan-gu I building, Yongsan-gu, Seoul, with overall control over the sales and the management of the sales and the management of the food merchandise coupon and the food merchandise coupon stored in the sales stand.

1. The Defendant: (a) sold to K in Seoul Special Metropolitan City, Nowon-gu, and sold 1,496,880 won for sales proceeds to K on December 24, 2014; (b) sold to K in Seoul Special Metropolitan City, Nowon-gu, for its business purposes, KRW 1,496,880 for personal debt, etc. while the said company issued for promotion of customers and received KRW 63 of the daily food merchandise coupon 63 from its customers (a total of KRW 1,871,00,000 for each market price).

From around that time to August 5, 2015, the Defendant sold to K a total of 346 external gift certificates (a total of 11,394,900 won in the market price) kept on behalf of the victim by the same method six times, such as the daily list 1 in attached Form 1, and voluntarily consumed the sale proceeds by personal debt repayment, etc. with the payment of the sale proceeds.

Accordingly, the defendant embezzled the property of the victim while on duty.

2. The Defendant, at the victim C’s point of origin, sold to K in Seoul Special Metropolitan City, Nowon-gu, and sold to K on October 28, 2015 and received 6,131,00 won for sales proceeds from K on the 29th day of the same month and 203 merchandise coupons of the 1st day (38,500 won per share of the 1st day of the weekend, 103, each total of 103, 100 won per share of the 1st day of the weekend, 7,925,50 won per share of the 10th day of the 1st day, and 7,925,500 won per share of the 1st day of the 20th day) from its customers.

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