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Reasons
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(영문) 인천지방법원 2013.04.11 2012고단11264
업무상횡령
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From April 10, 2010 to August 10, 201, the Defendant has been working as a sales member of the victim C sales store in the Namdong-gu, Incheon Metropolitan City.

1. Around May 7, 2010, the Defendant sold gas sirens supplied by the victim to customers under his/her name in the above store and received KRW 258,000 from the above store, and was in business custody for the victim, the Defendant did not report the fact of sale to the victim, but did not deposit the price to the victim, and consumed the price arbitrarily on the part of the Incheon, etc. for living expenses, etc. at around that time.

In addition, from around that time to July 29, 201, the Defendant supplied 207 products from the victim as shown in the attached list of crimes, and embezzled the total sales proceeds of KRW 20,779,50 by the same method.

2. From July 201 to August 10, 2011, the Defendant: (a) sold products of gas sirens, etc. supplied by the victim to customers; (b) received a total of KRW 22,505,00 (3,02,600 on the August 19, 400) from the victim; (c) reported the fact of sales to the victim; and (d) kept the victim in custody for the victim’s business, the Defendant deposited part of the amount of KRW 16,208,80 (1,152,60 on the August 15, 200, 15,200 on the part of the amount (15,056,200 on July 15, 200); and (c) embezzled the amount of KRW 6,296,200 (4,46,200 on July 1, 200, 850,000) under the name of Incheon’s daily consumption from around that time.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (D substitute)

1. A written consent;

1. A investigation report (a document attached to analyzing the difference between the sales amount of the main office and the sales amount), and an investigation report (a statement received the sales amount of the goods by an individual passbook);

1. The amount of each lot department store inventory, inventory omission, and omission;

1. A community credit cooperative (E);

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