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(영문) 광주지방법원 순천지원 2013.11.21 2013고단1501

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From March 1995 to December 6, 2012, the Defendant was engaged in medical device sales and collection business in E operated by the victim D during leisure hours from March 1995 to December 6, 2012.

1. Around February 26, 2001, the Defendant: (a) transferred KRW 500,000 of the supply price of medical instruments from the president G of the F Hospital, the customer, to the Agricultural Cooperative (H) account; (b) was in custody for the victim; (c) around that time, he/she voluntarily consumed the cost of living, such as insurance premiums, as shown in the attached Table 1. (Embezzlement; and (d) from May 31, 2007 to May 31, 2007, he/she received remittance of the total supply price of KRW 20,356,000 from the JJ of the above G and I Hospital to 40 times, and embezzled it for voluntary consumption of living expenses, etc.

2. On July 7, 2009, the Defendant received unjust solicitation from the L operating K in the transaction with E to the effect that “it would be possible to deliver a medical device to E”, and received KRW 100,000 from the Defendant’s Easter M account (CF and N) from the Defendant, and received KRW 100,000 from July 4, 2012, the Defendant received unjust solicitation, such as the attached Table 2. (Misappropriation in breach of trust) and received KRW 770,000 in total at least four times from July 4, 2012.

3. The Defendant in occupational breach of trust is an employee of E, and there was a occupational duty that should not cause the company to deliver goods to the customer in compliance with the order while handling orders that the Defendant entered from the customer in E, and that the company should not cause the competitor to deliver the orders to the customer.

Nevertheless, around November 16, 201, the Defendant received orders for supply of KRW 1 to 1 to 990,000 from the institution health clinic, but notified the Defendant’s head of the institution and the head of the institution and the head of the institution and the head of the institution and the head of the institution and the head of the institution and the head of the institution and the head of the institution and the head of the institution and the head of the institution and the head of the institution and the head of the institution, and received KRW 330,00 in return.