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(영문) 부산지방법원 동부지원 2016.07.20 2014고단1095

업무상횡령등

Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for one year;

(b)Provided, That the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Defendant (Defendant A) served from July 2004 to November 6, 2012 at the Victim G Co., Ltd. located in Busan Shipping Daegu. From December 2007 to January 1, 201, the registered director, and the managing director from January 2007 to January 201, the general manager of all legal affairs, including legal affairs, sales and ownership management, accounting, hotel management, etc.

1. Around November 21, 2011, the Defendant drafted a quotation to purchase KRW 56,00,000 from GB CB access control equipment at KRW 56,00.

In such a case, the Defendant entered into a contract with the 100,000,000 won to purchase DBp access control equipment and Account Surveillance equipment from H on November 28, 201, in violation of this in spite of the fact that there was an occupational duty that should not be paid in excess of the actual purchase cost.

However, the fact was that the amount of KRW 56,00,000,000 for DB encryption access control equipment was only purchased, and that the amount of KRW 44,00,000 for the account surveillance equipment was paid in excess to H even though it was not purchased, and it was thought that the amount of KRW 44,00,000 for the account surveillance equipment was refunded to H.

As a result, the Defendant, through the accounting staff on December 1, 201, paid 50,000,000 won in total, including 50,000,000,000 won in the name of the contract deposit for the purchase of equipment, and 50,000,000 won in the remaining terms of December 21, 201, paid more than 44,000,000 won in excess, and subsequently returned 40,000,000 won in excess, and thereby acquired the pecuniary benefits equivalent to the same amount, and suffered damages to the victim G corporation.

2. The amount of tuition fees for volatiles P/T (individual training) operated by the victim G G company shall be allocated to the victim G company’s company’s accounting team in accordance with the agreed ratio between the radarner and the victim G company in advance.