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(영문) 울산지방법원 2016.11.17 2016고단3244

업무상횡령

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From September 1, 2010 to March 9, 2015, the Defendant served as the complaint of the “C gas station” located in Yangsan City, which is operated directly by the victim non-K Energy Corporation, and has been engaged in the business of selling and collecting oil of the victim company.

On November 15, 2014, the Defendant sold 2,667 liters via the victim company’s business partners in Yangsan-si at the above gas station, and deposited KRW 3,861,816 for the victim company, and used them for personal purposes, such as living expenses, etc. around that time.

From January 20, 2015 to February 16, 2015, the Defendant continued to collect 5,958,530 won of credit from the solar industry, which is the customer of the victim company, at the above C gas station, and continuously used the amount of credit for the victim company. Around that time, the Defendant used the amount of credit for the personal purpose, such as living expenses, in both delivery and delivery center.

Accordingly, the Defendant embezzled the property amounting to KRW 9,820,346 on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. The statement of each police officer made to F and G;

1. Each complaint;

1. Details of repayment inquiry, copy of deposit inquiry, previous details of transactions, entry and withdrawal transactions, statement of transfer of business, register of automobiles, written confirmation, confirmation, written decision of rejection, reply, written decision of rejection, business registration certificate, execution clause, presentation of reference document, execution document, personnel record certificate, statement of deposit transaction, confirmation document, copy of confirmation document, certificate of corporate register, document of confirmation, document of confirmation, document of confirmation, list of claim management, letter of confirmation, copy of letter of confirmation, copy of letter of confirmation, receipt, current status of outstanding amount, receipt, notice of imposition of taxes and public charges, vehicle overall details, vehicle operation log, current status of sales book, balance certificate, amount of credit outstanding, details

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning facts constituting an offense;

1. Detention at a workhouse;