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(영문) 수원지방법원 안양지원 2015.04.30 2014고단1847

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 May 2, 2012 to July 2013, 2013, the Defendant, as vice president, has been in charge of overall business affairs, such as production, purchase, business, and quality control of the said company, from the victim D Co., Ltd. that manufactures electromagnetic wave prevention products in Gunposi.

1. The defendant's sole crime;

A. The Defendant, on May 9, 2013, for the same year.

5. 10. The victim company received a total of KRW 40 million from the victim company for operating funds, such as the payment of wages, and was in custody for the victim company, and around that time paid KRW 37.7 million to the employees of the victim company as wages, and embezzled the remaining KRW 2.3 million by arbitrarily using it in his/her residence, etc.

B. On May 24, 2013, the Defendant sold 13 kinds of measuring instruments owned by the Victim Company to E, which are customers, and deposited 32 million won out of 39 million won in the first sale to the Victim Company, and the remainder of 7 million won in the company for the Victim Company, the Defendant paid 5 million won to the director F at his own discretion at the Company’s office around that time, and the same year.

6. 3. The victim company sold 18 kinds of measuring instruments owned by the victim company to E, which are customers, and deposited 27.5 million won out of the second sale price of 31.5 million won to E, and the remaining 4 million won was embezzled by using the victim company's living expenses at his/her own residence, etc. around that time.

C. On July 2, 2013, the Defendant received KRW 14 million out of the amount of KRW 25,111,900, which the Defendant sold and received 75 million finished products of the Victim Company to G, which is a customer, as a fund for the operation of the Company, from the account, and used KRW 4,00,000 among them as the company’s expense. The remainder of KRW 10,000,000,000,000,000 is paid at will to H at the production team leader at the company’s office around that time while the Defendant was in the custody of the Victim Company for its business, and paid KRW 3,70,000 at will