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(영문) 인천지방법원 부천지원 2015.09.02 2015고단703

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2015 order 703] The Defendant is a person who, from April 1, 2013, worked as a business employee of the victim E, the victim E, a company that is operated by the Da located under the 403 unit of the Da building of Yeongdeungpo-gu, Young-gu, Young-si, and was engaged in the business of selling fire doors supplied by the said company and collecting the price.

On May 23, 2013, G management H, a business partner located in the F, collected KRW 7,500,000,000,000 from H management, and used KRW 5,549,000 out of the above amount for personal purposes, such as debt repayment, at the location of the Defendant’s residence.

In addition, the Defendant embezzled money from April 2013 to November 2013 by arbitrarily using KRW 57,018,300, which was collected and kept from the previous business partners in the same manner as shown in the attached Table 1 in the same manner.

[2015 Highest 1625] On June 24, 2013, the Defendant made a false statement to the effect that the Defendant “K” numbered retail office operated by the victim J in Seocheon-si, Seocheon-gu, Seocheon-si, would operate a door-to-door manufacturing company, and would make payment within 15 to 20 days upon delivery of the number key.”

However, there was no intention or ability to pay the money even if the money was supplied by the victim because the Defendant was suffering from the financial difficulties due to the business at the time, and there was an obligation to pay the money due to other clients.

On June 24, 2013, the Defendant, by deceiving the victim as above, was supplied with 22,785,000 won in total over 11 times, as shown in the attached Table 2, as well as 22,785,000 won in total, as indicated in the attached Table 2.

Summary of Evidence

[2015 Highest 703]

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The investigation report (in the name of the suspect, a copy of the Saemaul Treasury Tong), and the investigation report L.