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(영문) 전주지방법원 남원지원 2018.02.20 2017고단218

업무상횡령

Text

1. The punishment of the defendant A shall be eight months of imprisonment;

(2) for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

Victim E Co., Ltd. is a company established for the purpose of manufacturing and selling paper and World Cup from Namwon City F.

Defendant

B as the pro-friendly type of G, the representative director of the victim, served from around 2010 to October 2016 as the person in charge of the victim's factory in China, and was engaged in the overall production management of e-mail.

Defendant

A as a type of punishment relationship between G and Defendant B, it is a person who operates I for a company with limited liability in the Hawon-si H in South Won-si.

1. Defendant B’s occupational embezzlement: (a) using the fact that the victim company’s head office is in South Korea; (b) the victim company’s head office is operated entirely by the Chinese factory; and (c) the paper World Cup manufactured at the Chinese factory is exported to China without sending it again to Korea and it is difficult to grasp the accurate quantity at the head office; (d) Defendant B, the representative director of the Gran Korea’s head office, who was the representative director, arbitrarily dispose of the raw materials of the paper World Cup transported from the victim company to the personal account; and (e) expressed that he would be supplied to the victim company A, who operated the paper World Cup manufacturer at the same level as his third degree of punishment, with the price deposited in the personal account.

In accordance with A’s above proposal, around March 6, 2013, the Defendant sent approximately KRW 25,300,000 ( KRW 1.1 million per ton x 23 tons) at the Chinese factory of the victim company, and approximately KRW 23 tons at the market price in the factory, around 25,30,000, to A, and from that time until June 8, 2014, the Defendant sent approximately 204,380,00 won in total at the market price of eight times, as shown in the list of crimes in the attached Table, to the factory of the limited company A operated by A, with KRW 185.5 tons in total, including the account number of KRW 204,380,00 in total, from March 21, 2013 to June 17, 2014. The Defendant sent the bill of indictment from the new bank account in the name of the Defendant (hereinafter referred to as “A”) and the account number of KRW 186,50,50,58.