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(영문) 대전지방법원 천안지원 2018.11.29 2018고단2316

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Between March 23, 2016 and September 20, 2017, the Defendant: (a) between the victim and the victim from March 23, 2016 to September 20, 2017, work as the head of the business of “F” and “F” in the name of his spouse D; and (b) was engaged in the sales and collection of fishing supplies.

1. On June 23, 2017, the Defendant: (a) sold an amount equivalent to KRW 118,000 for fishing goods to a trader G in the Danan-gun, Chungcheongnam-do; (b) received money from a new bank account (Account Number I) in the name of the Defendant’s spouse; and (c) arbitrarily consumed the money for personal purposes, such as living expenses and credit card payment; (d) from March 24, 2016 to September 20, 2017, the Defendant embezzled the amount of KRW 80,458,50 in total from F from March 24, 2016 to sold it to the trader; and (e) sold the money to receive the money from the said account in cash; and (e) embezzled it for personal purposes by receiving the money from the said bank account; and (e) embezzled the amount for personal consumption of KRW 54,225,90.

2. On August 2017, the Defendant: (a) received an instruction from the F to the effect that “the items, etc. for the fishing goods sold by F are directly recorded and supplied to the customer”; (b) received a blank trading list in the name of F’s representative D and kept the list; (c) sold the fishing goods received from another company, and used the above blank trading list.

Accordingly, on September 8, 2017, the Defendant sold Lart equivalent to KRW 150,00,00, which is not F’s product, from “K” located in the J of Chungcheongnam-gun, Chungcheongnam-gun, the Defendant stated “150,000” in the “total amount” column with the item’s “value”, “5” in the quantity column, “30,000” in the short column, and “150,000” in the supplied volume column as of the same day.