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(영문) 창원지방법원 2019.09.26 2018고단3293

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant has been engaged in business embezzlement from May 18, 2015 to December 31, 2017, as a business agent of the victim B corporation, in the business division of the victim B corporation from May 18, 2015 to December 31, 2017.

around August 2, 2016, the Defendant deposited KRW 12,358,50,00 for ready-mixed supplied to Kimhae-si C by means of receiving KRW 12,358,50 from D to the company E account in the name of the Defendant, and then used it for personal purposes for the victim company. From around that time to December 8, 2017, the Defendant embezzled the amount of KRW 75,280,640, which was kept for the victim company for business purposes by using the same method as indicated in the list of crimes in the attached Table between around 170,986,980, which was 40, which was 170,80,640, which was 175,706,340, which was remaining after remitting to the victim company at will, and embezzled it by arbitrarily consuming it at around that time.

2. The Defendant, as an agent for the foregoing company B, sold ready-mixeds to an individual entrepreneur who does not issue a tax invoice, and did not actually purchase ready-mixeds for the purpose of issuing a tax invoice. However, in the process of preparing an order for ready-mixed in the name of the company, the Defendant, other than the third company that would issue a tax invoice, had the intent to arbitrarily enter the column of joint and several sureties for the payment of ready-mixeds in the process of preparing an order for the purchase in the name of the company.

On January 9, 2016, 2016, the Defendant forged 1 private document joint and several sureties Co., Ltd. on and around January 9, 2016, the Defendant drafted an order of ready-mixed on and around January 9, 2016, in the name of H Co., Ltd. located in G in G in Kimhae-si, and introduced the above H Co., Ltd. on January 9, 2016 without the consent of the I, and written “I” in the name column of joint and several sureties, “J” in the resident registration number column, “K Building L,” and “M” in the contact column.