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(영문) 서울북부지방법원 2015.09.09 2014고단4458
업무상횡령
Text

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

Reasons

Punishment of the crime

The Defendant, from August 20, 2012 to January 27, 2013, was engaged in the management of the said restaurant’s business and employees, as the management store of the “Dcafeteria” operated by the victim C in Seongbuk-gu Seoul, Seongbuk-gu.

While the Defendant provided food to customers in the above restaurant and kept cash in the value of food for the victim, the Defendant prepared a daily store newsletter of KRW 757,500 as if he/she paid cash around January 12, 2013, and did not actually pay to the customer and used the above KRW 757,500 for personal purposes, such as hospital expenses of the Defendant’s small father and wife, etc. around that time, and used the total amount of KRW 28,006,320 as indicated in the attached list of crimes, from September 1, 2012 to January 27, 2013 for personal purposes, such as hospital expenses of the Defendant’s small father and wife.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's statement concerning E;

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

1. Each fact-finding certificate of H, I, and J;

1. A labor contract, resume, or business registration certificate;

1. Each certificate of confirmation, a written claim for proceeds from the collection, transportation, and disposal of food waste in November 2012 through January 2013, 2013, a list of the expenses incurred in disposal of the Dcafeteria daily and a statement of transactions, each Dcafeteria daily table and receipts, a certificate of customer credit account balance, a certificate of attempted balance of the gas price, and a receipt, a receipt, a water supply and drainage charge, a water supply and sewerage charge, a request for water use charge, and a written request for arrears, each copy of each passbook, the details of the electric charge claim for December 2012, each account transaction, a list of embezzlement of alcoholic beverages proceeds, a list of embezzlement of bill bills and alcoholic beverage sales, a list of embezzlement of bill bills, food waste, etc., customer's account books, receipts, prepaid cards, credit sales, a detailed statement of transactions (by January 1, 2012 to January 31, 2012), and a copy of each passbook;

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