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(영문) 부산지방법원 2017.11.10 2016고단5818

업무상횡령등

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

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

Reasons

Punishment of the crime

From June 2014 to April 2015, the Defendant worked as an employee of the Victim D Co., Ltd. (hereinafter “D”) located in Geum-gu, Busan (hereinafter “D”) and was in charge of the receipt of contracts, the conclusion of contracts, field management, and the collection of construction price.

1. 업무상 횡령 피고인은 2014. 9. 4. 경 주식회사 신창 지앤윈( 이하 ‘ 신창 지앤윈’ 이라 한다 )으로부터 하도급 받은 수장공사( 修粧工事, fixture, interior finishing work) 대금 6,120,000원을 피고인 명의 우체국 예금계좌로 송금 받아 피해자 회사를 위하여 보관하던 중, 그 무렵 부산 시내 일원에서 생계비 등 개인적인 용도로 임의 소비하였다.

피고인은 이를 비롯하여 그 무렵부터 2015. 2. 23. 경까지 부산 시내 일원에서 [ 별지] 범죄 일람표에 기재된 것과 같이 모두 9회에 걸쳐 신창지앤윈으로부터 송금 받은 수장공사 대금 합계 32,512,630원을 생계 비 등 개인적인 용도로 임의 소비하여 이를 횡령하였다.

2. A shooting machine;

A. On December 1, 2014, the victim’s office entered into a contract with E Corporation, “F, a representative director, ordered E Office interior works.”

The construction cost was paid different.”

On December 22, 2014, the Defendant: (a) received a delivery of KRW 392,150,000,000 in the deposit account in the name of Yu Chang-gu, Busan Bank; and (b) KRW 1,267,420,00 in the deposit account in the Busan Bank in the name of the Busan Bank around January 12, 2015, from the aforesaid F, by means of remittance of KRW 1,267,420,00 in total, to the deposit account in the Busan Bank in the name

However, at the time, the defendant did not have ordered the above construction in the name of the victim.

As a result, the defendant by deceiving the above F, received property from the victim company.

B. On March 5, 2015, at the victim’s office around March 5, 2015, the Defendant was scheduled to take the funeral construction of “H building (199 household room building)” from the G to the said F, and is an employee in charge of G contracts.