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(영문) 청주지방법원 2015.02.13 2014고단978

업무상횡령

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

The Defendant, while engaging in cargo transportation brokerage business with the trade name of “E”, experienced financial difficulties due to the failure to receive money from the transportation entrusting company. On February 2, 2011, F and G invested KRW 50 million in F and G, and the Defendant established a “E”’s existing business network to operate a partnership business, and, from February 23, 201, established the “E” and worked as the representative director of the “AB” of the victim L in charge of the management of funds, business affairs, and adjustment of accounting books against the victim, etc.

1. Around January 3, 2012, the Defendant received transportation charges of KRW 24,279,500 from the Plaintiff’s H office in the Seoul Special Metropolitan City, which was located in the Seoul Special Metropolitan City, to the Agricultural Cooperative account in the name of the victim, from the Plaintiff’s H office in the Seoul Special Metropolitan City, and transferred it to the Defendant’s Agricultural Cooperative account in the name of the Defendant.

The Defendant left the remainder of KRW 4,532,00, which sent the article freight to the cargo vehicles, from the above cargo vehicles to the cargo vehicles, and used them for personal purposes around that time while keeping them for the victim.

In addition, from around that time to December 4, 2012, the Defendant transferred the sum of KRW 360,252,300,000, which was collected from customers of the victim company, to the Agricultural Cooperatives under the name of K, as shown in the attached list of crimes, from around 12 times to 12 times, and embezzled at will the remainder of KRW 59,630,60,000, which was kept as a deposit fee to be collected by the victim.

2. Around May 2, 2011, the Defendant: (a) on the part of the victim’s account opened in order to operate the victim H H, the Defendant: (b) on the part of the victim’s account; (c) on the part of the partner F and G, the contents of the account were notified to the said F and G as text messages, making it difficult to enter and withdraw at will; and (d) on the part of the victim

After December 6, 2012, the Defendant kept the deposits in the above company bank account in the victim bank office at the HH office.