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(영문) 부산지방법원 2012.12.06 2012고단3292
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. From September 2010 to July 10, 201, the Defendant served as a radio-teling director of the Victim (State)C, an agency located in 803 of the Busan BT Building, for the Defendant, from around September 2010 to around July 10, 201, and was in charge of the overall radio communications field where the Defendant invited its members, etc. of the university, etc. to enter into a contract for the contact with the KTPC through the victim company, and entered into the relevant contract.

On December 17, 2010, at a university where it is impossible to identify the name located in Busan City, the Defendant asked the KTT employee to request that the employee be able to take charge of the victim's company's business of opening and opening the communications of the customer attracting the customer, and the said employee first purchased the 1st unit, which is necessary for the process of attracting the subscriber's subscription, with the money of the victim company, and provided the said employee with the 1st unit, and then received the money for the equipment from the said employee thereafter.

Around that time, the Defendant received 861,000 won from the above employee for the above employee, and was in custody for the victim company, but did not deposit it to the victim company, and embezzled it at his own discretion.

2. Fraud;

A. Around March 2011, the Defendant was refused to demand the victim company to pay allowances, etc. in addition to remuneration, but the Defendant was willing to report the sales conditions of the ID to the victim company and to take profits therefrom.

Although the Defendant, around April 14, 201, ordered the faculty members, such as F University G professors, to sell a total of KRW 7,840,000 won, the Defendant entered into a contract with H, etc. to sell KRW 5,942,00,00, while selling KRW 7,840,000 to H, etc., at the victim company’s office, the Defendant paid KRW 1,898,00,000, which is the difference.

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