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(영문) 부산지방법원 동부지원 2014.05.16 2014고단386
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From February 18, 2011 to December 5, 2013, the Defendant supplied alcoholic beverages to the business partner while serving as a business agent at the victim B Co., Ltd. (hereinafter “victim”) and was engaged in the business of collecting the price.

From February 2, 2011 to November 2013, the Defendant: (a) released alcoholic beverages equivalent to KRW 530,809, which were to be delivered to D’s “E” operated by D; and (b) embezzled KRW 43,20,782 in total by means of either arbitrarily disposing of alcoholic beverages delivered to the Customer 29 times in transactions with 28 transaction partners of the damaged company in Busan Shipping Daegu-gu, Busan-gu, Japan-gu, Japan-gu, and Suwon-gu, etc. during the above period, as indicated in the separate crime list; and (c) embezzled KRW 43,20,782 in total by means of arbitrarily disposing of alcoholic beverages delivered to the Customer 29 times in total or by arbitrarily consuming money collected from the customer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Table of the amount of embezzlement investigation (as of February 4, 2014), the current status of claims by transaction partner, each confirmation letter, the current status of deposits in each transaction, and Articles 356 and 355 (1) of the Criminal Act applicable to the certificates of balance of transactions to be deposited;

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