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(영문) 수원지방법원 2018.06.08 2018고정323

업무상횡령

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From January 1, 2013 to June 30, 2016, the Defendant is a person in charge of supplying and managing the relevant dental services after entering into a contract for the supply of eggs and medical appliances produced by the victim company with dental hospitals located in the south side area while the director of the business team in the Gyeonggi-do Business District Project division is working for the victim's business division, and entering into such contract with the victim company.

1. On July 28, 2015, the Defendant: (a) entered into a contract with D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D, and 10 million E D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D, and embezzled the D D D D D D D D D D D D D D D D D D D D D D D DD by selling an amount equivalent to KRW 10 million on August

2. On May 13, 2014, the Defendant: (a) entered into a contract with the He Dental Director J on H Dental located in Pyeongtaek-si to supply 65 million won or more; (b) returned X-ray equipment used in the existing dental plant; and (c) provided 10 million won or more as compensation; and (d) embezzled by receiving X-ray equipment in the amount of KRW 10 million and then disposing of it at any other place at his/her own expense during the course of performing his/her duties with return of X-ray equipment equivalent to KRW 10 million.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution (two times);

1. Application of the transaction confirmation (D dental), the sales president (D dental), the fact confirmation (D dental), the transaction confirmation (H dental), and the fact confirmation (H dental) Acts and subordinate statutes;

1. Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the equipment that the Defendant must supply to the Customer while working as the business employee of the victim company, and the equipment that the Defendant collected from the customer.