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(영문) 광주지방법원 해남지원 2019.01.10 2018고단418

업무상횡령등

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

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Occupational embezzlement: (a) the Defendant served as the victim (State) purchase team leader from August 4, 2015 to April 30, 2016; and (b) has been engaged in the purchase and sale of uniforms and the collection of the proceeds therefrom.

A. On October 15, 2015, the Defendant sold a uniform equivalent to KRW 3.290,000 at the market price from Jeonnam-gun, D Representative E and was in custody for the victim. Around that time, the Defendant consumed the proceeds for personal use by using them as Internet gambling money from the members of Jeondo-gun, Jeonnam-do, Seoul-do, all of which around that time.

B. Around November 13, 2015, the Defendant sold a uniform equivalent to KRW 4,730,000,000 from Jeonnam-do, and from D’s representative E, and was in custody for the victim. Around that time, the Defendant used the proceeds as Internet gambling money from the members of Jeonnam-do Eup, Jeonnam-do, and consumed the proceeds for personal purposes.

C. Around December 9, 2015, the Defendant supplied a uniform equivalent to KRW 20 million at the market price from Jeonnam-do, Jeonnam-do, and then sold 20 million to Jeonnam-do distributors whose name is unknown on the same day after receiving KRW 20 million and kept the price for the use of the Internet gambling money for the victim. Around that time, the Defendant used the price for the personal use from Jeonnam-do, Jeonnam-do, Seoul-do, as Internet gambling money.

From March 20, 2015 to March 5, 2016, the Defendant sold a uniform equivalent to KRW 23,340,000 to G Representative H, and was in custody for the victim. Around that time, the Defendant used KRW 960,00,000 out of the sales proceeds as Internet gambling money from the Eup Eup, Seoul-do, to consume it for personal purposes.

E. Around January 7, 2016, the Defendant sold a uniform equivalent to KRW 1060,000,000 at the market price from Jeonnam-do, and was in custody for the victim. Around that time, the Defendant consumed the price for personal use from Jeonnam-do, Seoul-do, to the Internet gambling fund.

(f).