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(영문) 청주지방법원 제천지원 2015.07.02 2015고단29

업무상횡령등

Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A from April 9, 2008 to April 8, 2011, from the victim E (hereinafter “victim”) to the sole representative director of the victim E (hereinafter “victim”) and from April 9, 201 to April 8, 2014 to the joint representative director of the damaged company, Defendant A was in charge of the development of technology, the management of the single logistics center and the site construction, and F was in charge of the business, finance, personnel management, etc., and Defendant B was in charge of the management and storage of materials as the factory site of the damaged company located in the damage company located in the Chungcheongnamyang-gun group G from the beginning of March 2012 to the end of April 2014.

1. On August 7, 2013, Defendants A instructed Defendant B to provide funding at the construction site of a branch and to pay 7,200,000 won for cards used at the construction site. The Defendants instructed Defendant B to deal with the materials in advance so as to give advance payment for the materials at the construction site. On the same day, Defendant B contacted with HI in advance and transferred KRW 7,200,000 as part of the material price to the Defendant’s account. From the above short warehouse around August 10, 2013, Defendant B arbitrarily received KRW 50,8077,807,264,000, and sold KRW 30,000,000 to the Defendant’s account at his own discretion from 10,000 to 30,000,000 won for the total amount of the damaged company’s temporary materials owned by the said I and distributed KRW 40,000,000 from 20,016,016.

Accordingly, the Defendants conspired to sell at will materials owned by the victimized company, and embezzled them.

2. Defendant A. A.