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(영문) 인천지방법원 부천지원 2020.07.24 2019고단4626

업무상횡령등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 23, 2012, the Defendant served as the deputy head of the original business team in the victim C, which supplies the pellets located in Ansan-si Group B from around April 23, 2012, and was in charge of the collection management.

1. Occupational embezzlement;

A. On December 5, 2018, the Defendant voluntarily consumed the amount of KRW 5,00,000,000, which was collected from the said EA corporation for the victim at the office of “EA”, a trader located in Boan-si, Boan-si, and around that time, during the occupational storage for the victim, the Defendant spent the said amount for personal debt repayment and living expenses.

B. On January 14, 2019, the Defendant voluntarily consumed the amount of KRW 6,440,000 from the “G” office of the trading company in the G, which is located in the G, for the victim, at the time of the occupational storage, for the victim’s personal debt and living expenses.

Accordingly, the defendant embezzled the victim's property while he has been in custody.

2. The Defendant in occupational breach of trust had occupational duties to supply the original set of the unit price set in the Victim C Co., Ltd., and cause the victim to create appropriate profits. A.

On November 30, 2015, the Defendant processed the details of remittance of KRW 27,814,974 from “I”, a trader, to a corporate bank account (J) of the victim, at the office of the victim of the victim in Ha in Ha in Hasung-si around November 30, 2015. However, the Defendant violated his duty by means of manipulating the two computer systems, which was deposited by the Defendant’s branch office, thereby gaining profits of KRW 27,814,974, and suffered damages equivalent to the said amount to the victim.

B. The Defendant, from January 201 to March 2019, violated his/her duties by delivering the original unit to the “M” office of the trading company in the emuli city L from January 2017 to March 2019, without obtaining approval from the victim, or by arbitrarily lowering the unit price of the original unit without the victim’s permission, thereby violating his/her duties.