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(영문) 울산지방법원 2013.04.26 2012고단2030

업무상횡령

Text

Defendants shall be punished by a fine of three million won.

If the Defendants did not pay the above fines, 50,000 won.

Reasons

Punishment of the crime

1. From August 2008, Defendants A and B have been engaged in the duties of delivering goods to the victim F (State) located in Yangsan City E as a delivery engineer; Defendant B, as a warehouse manager, has been engaged in the duties of loading goods and taking charge of the duties.

Although the Defendants were required to return the goods whose order had been revoked in the way of delivery, the Defendants were able to arbitrarily dispose of them without returning them using the goods neglected in the inventory management of the victims, even though they were to return them to the warehouse.

Defendant

On April 6, 2011, A revoked an order and returned to the victim's warehouse, and thereafter, A did not return the goods equivalent to KRW 2,381,395 at the market price of 2,381,395, such as Ginggle 85 stuffs and Facebre 5 stuffs, and disposed of to C, at around 17:00 on the same day, he/she gets on and off the H truck of the victim containing the said goods together with Defendant B and operates J from Yangsan-si I.

As a result, the Defendants conspired to keep the victim's property in custody and embezzled it at will.

2. At around April 6, 2011, the Defendant purchased stolen goods worth KRW 2,381,395 in the victim’s market price, such as a sprinkler 85 straws and pets, embezzled by A and B, from the J located in Yangsan City, which was operated by the Defendant, from A and B, and acquired stolen goods with knowledge that they are stolen.

Summary of Evidence

1. The defendant A's partial statement in the first trial record;

1. The statements of witnesses K and L in the third protocol of trial;

1. The part of the prosecutorial interrogation protocol against the Defendants: (a) written some of the Defendants’ written statements in the prosecutorial interrogation protocol; (b) Defendant A-B, along with Defendant B, went to the J on April 6, 201; and (c) Defendant B- did not confirm whether Defendant A, even though he was in charge of delivery of the goods whose order was revoked, again put the goods at the J on April 6, 201.