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(영문) 인천지방법원 부천지원 2017.12.20 2017고단847

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

When the Defendant had difficulties in business management while operating and selling the black box manufacturing and selling companies in Bupyeong-si, the Defendant had been in charge of manufacturing and selling the black boxes in the same city E around June 2015, and the Defendant had been in charge of manufacturing and selling the black boxes, and the Defendant has been in charge of manufacturing and selling the black boxes by inserting the factory site, F’s account, the business name, the provision of the business name and the insufficient business funds, and the Defendant has been distributed 30% to the Defendant, the victim was 30%, and the remainder 40% from the date of concluding a partnership contract on the condition of using it as business funds, and thereafter has been engaged in the business of manufacturing and selling the black boxes pursuant to the above contract.

1. On November 19, 2015, when the Defendant manufactured and supplied a black box in accordance with the above business contract, he received the price from a company bank account in F to transfer it to the company bank account, and distributed it in accordance with the agreement, but on November 19, 2015, he released five channel black boxes to H, a customer, from the private land in F, and received the price of KRW 1,350,000 from H representative I for personal and used the price of KRW 1,350,000 for the victim as the living cost of the Defendant at around that time.

Accordingly, the defendant embezzled the victim's property.

2. From December 22, 2015 to January 11, 2016, the Defendant, when manufacturing and delivering a black box according to the above business agreement, received the price from an enterprise bank account in the name of F and distributed it in accordance with the agreement, and distributed it. However, on December 22, 2015, he/she sent the price of KRW 100 to H, who is a customer around December 22, 2015, with KRW 19,000,000, out of which he/she received KRW 2,000,000 from H, who is an employee of H, as an employee of the Defendant, and received KRW 5,00,000 among them by the same method and received KRW 10,000,000 in the aggregate for the purpose of payment of KRW 40,000 in the interest of the victim in the same manner. < Amended by Act No. 13638, Dec. 29, 2015; Act No. 6690, Oct. 4, 10000