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(영문) 의정부지방법원 고양지원 2018.07.05 2018고단461

업무상횡령

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is an employee of D Co., Ltd., and Defendant B is an operator of “E”.

Defendant

A is in charge of the management of the storage, delivery, delivery, and return of the G teaching materials at D Co., Ltd. entrusted with the distribution of the teaching materials published by the victim F, while providing D Co., Ltd. with more teaching materials than the order quantity considering F's inferiorness, loss, etc. to D Co., Ltd. in consideration of the fact that the F is in charge of the management of the materials of the surplus, and selling them to Defendant B who engages in book wholesale business at the half price of the commercial building. Defendant B had Defendant A take out the above G teaching materials to himself and offered profits by selling them to the commercial building.

Defendant

A In a warehouse of D Co., Ltd. located at H around September 2, 2013 at the time of Pakistan, the defendant sent a fixed amount of G Broadcasting Teaching Materials owned by the victim who was in his/her custody to the defendant B by using a double-door amounting to KRW 208,600, and the defendant B deposited KRW 108,300, which is the normal half value of the defendant A, to the defendant A through his/her account at his/her national bank and received the above teaching materials.

As a result, the Defendants conspired with each other from September 2, 2013 to March 16, 2017, and then arbitrarily removed the G Broadcasting Teaching Materials owned by the victim in total of 17,409,320 won from around 17,40 to 52 times as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement with respect to I, J, K, L, and M;

1. The Kakao Stockholm screen to be taken out of the teaching materials of the recipient;

1. Details of transactions of a national bank submitted to A by the recipient A to D;

1. Application of statutes on a logistics agency contract;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 356, 355(1), and 30(general) of the Criminal Act; Articles 356, 355(1), and 30 of the Criminal Act; the choice of imprisonment

B. Defendant B: Articles 356, 355(1), and 30 of the Criminal Act (generally, the Defendant does not have a custodian’s identity, and thus, the proviso to Article 33 of the Criminal Act is applicable.