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(영문) 대전지방법원 2018.04.12 2018고단457
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in the sales and collection of goods while working as a sales member at the company E-SP store operated by the victim D in the victim D located in the Seo-gu Daejeon, Daejeon from April 2, 2009 to March 2, 2017.

1. On February 22, 2012, the Defendant: (a) sold to customer F a mentor proto; (b) deposited the sales proceeds of KRW 616,00 to a new bank account opened in the name of the Defendant on the same day while the Defendant kept in custody for the victim; and (c) consumed the Defendant’s credit card payment for the purpose of settling the payment of the Defendant’s credit card payment at around that time.

The Defendant, from that time until January 15, 2017, embezzled total of KRW 62,089,200 by the same method 40 times, such as the one in the list of crimes attached hereto, from that time until January 15, 2017.

2. The Defendant in occupational breach of trust is a sales member of the Company E, which is operated by the victim, and the victim shall not pay for the goods not designated as the victim’s stolen goods.

Nevertheless, the Defendant sold a camera to his nameless customers in violation of his duty while selling a camera to his nameless customers, provided the above customers with a three-dimensional amount of money equivalent to KRW 600,000,000 to the above customers as a personal gift, thereby obtaining property benefits equivalent to KRW 600,000,000 to the above customers, and sustained damages equivalent to the same amount as the victim.

In addition, from that time until the date of 2017, the Defendant obtained a total amount of 3,291,000 won to customers without name in the same way through the same 29 times, such as the second list of crimes committed by the Defendant from that time until the date of 2017, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A complaint (D), a letter of performance, each C Stock Embezzlement, and a card re-issuance receipt legislation shall apply 1.

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