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(영문) 수원지방법원 안양지원 2020.04.23 2019고단2712

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The defendant's status and the business structure of the victim company are those who are in charge of developing, supplying, maintaining, repairing, etc., and who are in charge of the management of the customer by the victim B in charge of the business from May 1, 201 to September 30, 2017.

The victim company is a company that obtains sales through maintenance and repair work for the system integration business that integrates and supplies security-oriented programs and hardware to the end customer company C, D, etc., and sells and installs the security-oriented software developed by the victim company, or resells and installs the security-oriented software purchased from J, K, L, etc.

2. Criminal facts, while serving as the business director of the victim company, have been managed for a long time by the system integration company, which is the customer of the victim company, with the knowledge that the system integration company received the above software from the victim company or received the service related to the maintenance and repair of the software supplied and received the service related to the payment of the service cost, and that it remitted the money to the third company account designated by the defendant without any separate confirmation from the system integration company, and received the money from the system integration company to the third company account and embezzled it by means of

On January 4, 2017, at the victim company office located in Yongsan-gu Seoul Metropolitan Government, the Defendant offered H software and software installation services to the K-gu, and received the money of KRW 9,360,000 from the Defendant to the account of the K-gu, which was known to the K-gu, and embezzled in a manner of arbitrary use after the Defendant received and returned it, and embezzled it by arbitrarily using it. In addition, the Defendant software from January 4, 2017 to April 7, 2017, as described in the attached list of crimes.