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(영문) 서울중앙지방법원 2014.07.04 2014고단2617

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2006, the Defendant joined the victim Minedong Pharmaceutical Co., Ltd. and worked in C from April 2010 to June 2013, and was engaged in the sales and collection of medicine of the victim company against pharmacies in Gwangjin-gu area.

1. Around April 29, 2010, the Defendant embezzled drugs worth KRW 171,449,521, totaling KRW 314 times from that time until June 28, 2013, as shown in the annexed Table 1, when the said pharmacy issued a false tax invoice with the content that the said pharmacy orders five 90,000,000 won by selling the said drug from the victim company after shipping out the said drug from the victim company.

2. The defendant in breach of occupational duty is an employee of a victim company, who sells medicines released from the company according to its normal ex-factory price, and deposits the proceeds thereof.

Nevertheless, around April 1, 2010, the Defendant supplied 85,800 G pharmacy in violation of the above occupational duties at the Seoul Special Metropolitan City Gwangjin-gu, to KRW 75,00,00, the ex-factory price of which is less than 85,800, thereby obtaining profits of KRW 10,800 from G pharmacy which is the business partner and causing considerable damages to the victim company from July 1, 2013, as shown in the attached Table 2 of the Crimes List No. 734 times until July 1, 2013, the Defendant got pharmacys to obtain financial profits of KRW 22,125,649 in total from the victim company and suffered financial damages equivalent to the same amount from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about H;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 356 and 355(1) and (2) of the Criminal Act (Options of Imprisonment) concerning criminal facts;