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(영문) 서울중앙지방법원 2019.02.19 2018고단4539

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From April 1, 2013 to December 26, 2017, the Defendant was engaged in business and fund management as the head of Gangnam-gu building and the department of the victim dispute resolution committee in the seventh floor.

On November 2, 2017, the Defendant received one promissory note (hereinafter referred to as “instant promissory note”) from the operator of the Dispute Resolution Co., Ltd., a customer of the victim company in Seocho-gu, in payment of the amount of KRW 278,760,00 from the operator of the Dispute Resolution Co., Ltd., a transaction partner of the victim company in Seocho-gu, under the name of the goods price of the victim company, and delivered the instant promissory note (hereinafter referred to as “instant delivery”) to F upon the request of F on November 17, 2017 while keeping the promissory note for the victim company in business.

Accordingly, the Defendant embezzled the Promissory Notes on behalf of the victim during the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G and F;

1. A copy of the E Promissory Notes issued (which is a clerical error in the “H company G issuance”);

1. In the investigation report (J telephone communications at the roadside branch of the IB branch of the IB branch of the IB branch of the IB branch of the IB branch of the IB branch of the IB branch of the IB branch of the instant promissory note as follows: (i) the Defendant and K had a considerable close relationship due to the transactional relationship, etc.; (ii) F and G have been in a state of considerable relationship with the issuer of the instant promissory note; and (iii) F have requested G to allow the use of the said promissory note before the issuance of the instant note was made to allow it to be used; and (iv) the G has been known to the Defendant that there was the instant promissory note; and (iii) at the same time, F has delivered the instant note to the Defendant at the latest, at the face value equal to the face value of the instant promissory note (hereinafter “F Promissory note”).

(4) G receives the confirmation telephone on the issuance of the Promissory Notes of this case from the bank before the said Promissory Notes were paid at discount.