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(영문) 서울남부지방법원 2014.04.22 2014고단599

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant, from May 1, 2010, worked as a staff member of the (ju) DD for the purpose of providing human resources from around May 1, 2010, was dispatched to the (ju) E's mobile phone opening center office as a business member and has been engaged in the supply and inventory of mobile phone terminals to the sales store of the victim company.

1. The Defendant embezzled 26 terminals owned by the victim, such as in the annexed Table 1, on two occasions as follows. A. The Defendant embezzled 26 terminals owned by the victim.

2012. 8. 일자불상경 횡령 피고인은 2012. 8. 일자불상경 서울 마포구 F에 있는 피해자 (주)E 사무실에서, 휴대폰 단말기 판매점의 재고관리 전산망(TIMS)에 접속하여 권한에 따라 도매점인 (주)대교네트웍스에 공급한 휴대폰 단말기 총 16대를 회수하는 것으로 입력하고, 위 (주)대교네트윅스에서 휴대폰 단말기를 공급받아 보관하고 있던 (주)파인드어마 대리점에서 단말기를 회수하여 피해자를 위하여 이를 업무상 보관하던 중, 그 무렵 위 사무실 인근에서 성명불상의 휴대폰 매입업자에게 대금 5,500,000원을 받고 처분하였다.

B. On January 2013, 2013, the Defendant: (a) accessed the internal inventory management computer network; (b) recovered 10 mobile phone terminals by the same method; and (c) disposed of KRW 1,500,000 to the mobile phone buyers around the above office around the time when he/she was in the business custody for the victim; and (d) received 1,50,000 won from the mobile phone buyers around the above office.

2. According to the business guidelines of the victim of occupational breach of trust, a member of the business should subscribe to performance guarantee insurance and supply mobile phone terminals only to the agencies or consignment stores which have concluded a contract for agency establishment.

Nevertheless, around December 26, 2012, the Defendant violated the above occupational duties and thereby promoting the interests of G.