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(영문) 창원지방법원 2017.09.27 2014고단3124

업무상횡령등

Text

The defendant shall be punished by imprisonment with prison labor for six months and two years for the remaining crimes in the judgment.

Reasons

Criminal facts

[Criminal record] On November 1, 2013, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Changwon District Court for a period of eight months, and the judgment became final and conclusive on November 9, 2013.

[2] From July 2, 2012 to August 31, 2013, the Defendant was engaged in the maritime affairs division of the victim D Co., Ltd. (hereinafter “victim Co., Ltd”) located in Changwon-si, Changwon-si from July 2, 2012 to August 31, 2013, and was engaged in overall management of the production and operation of the said business division.

1. Around February 27, 2013, the Defendant committed the crime of February 27, 2013: (a) around 13:55, at the victim’s business establishment; (b) while keeping the iron plates for the victim’s company on behalf of the victim company, the Defendant prepared documents as if the said steel plates were to be supplied to the customer; and (c) had the employee operating the said cars carry 12,790 g of the iron plates equivalent to KRW 10,487,80 in the market price, and sold them on the back.

As above, Defendant embezzled the victim’s property.

2. On March 7, 2013, the Defendant: (a) around March 7, 2013, at the victim’s company’s place of business, and at the place of business of the victim’s company, the Defendant kept the iron plate for re-use of the fleet for the victim company; (b) prepared documents as if he were to supply the said iron plate to the customer; (c) had the employee operating the said car carry 18,520 gg of the iron plate equivalent to KRW 15,186,400 in the market price, and sold it on the water.

As above, Defendant embezzled the victim’s property.

[2015 Highest 188] The Defendant, from November 2013 to January 2014, has a position as the representative director F of the Company E and the representative of the said Company for three months, takes charge of the business of receiving orders from the said Company E to the said three-month period, shall be the manager of the said Company G factory if he/she received orders for the said three-month period, and if he/she did not receive orders for the said three-month period, he/she shall be the company.

After concluding the agreement, the Plaintiff was authorized to use the title of representative of E Co., Ltd. in accordance with the agreement.

The defendant shall operate the victim I from H.