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(영문) 창원지방법원 2013.08.14 2013고단768

업무상횡령등

Text

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

The defendant shall pay 31,700,000 won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

From January 2004, the Defendant, as a business employee of the “D” company operated by the victim B from January 2004 to Kimhae-si, has been engaged in the sales and collection of goods of the said company.

1. Occupational embezzlement;

A. On January 30, 2012, the Defendant collected KRW 500,000,00 from the F Animal Hospital located in Changwon-si Mhappo-si E, Changwon-si, and consumed it for personal purposes while being kept for business purposes.

In addition, from around that time to July 2012, the Defendant embezzled total of KRW 19,958,00 in the same way as indicated in the attached Table 1, from the customer located in one side of the Gyeongnam region over 34 occasions, and embezzled by consuming 19,958,00 in mind.

B. On June 14, 2012, the Defendant: (a) at “H” located in J in J in J in J in J in J in J in J in J in J in J in J, the Defendant was able to receive 200,000 won money, such as animal supplies and clothing, from the customer’s account holder, in a way that the Defendant directly received money from the victim; but (b) as if the amount receivable to the customer remains, the Defendant was affiliated with the victim and used for personal purposes while the Defendant

In addition, from around that time to August 2012, the Defendant embezzled total of KRW 11,423,00 in the same way as indicated in the attached Table 2 from the customer located in one place in the Gyeongnam region through the same way 24 times.

C. On September 1, 2012, the Defendant collected KRW 600,000 from the “JJ” located in Tong-si I, Tong-si, in order to collect 600,000 for animal supplies, meals, etc., but as if the outstanding amount was remaining in the Customer, the Defendant used it for personal purposes while keeping it in business for the said Company.

In addition, from around that time to November 2012, the Defendant embezzled total of KRW 15,185,300 by the same method from the business partners located in one place in the Gyeongnam region through the same method over 25 times, such as the list of crimes listed in attached Table 3.

The defendant is from June 7, 201 to November 22, 2012.