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Defendant
A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of eight months.
However, as to Defendant B, this shall not apply.
Reasons
Criminal facts
Defendant
A is a person who is working as the head of the business team in the victim F Management G located in Daegu Northern-gu from August 11, 2010 to November 26, 201. Defendant B is a person who purchased active fish in the relevant G while working as a regular business operator from October 1, 2010 to July 201, and is in charge of recording the account books, such as the outstanding amount and the order sheet.
1. Around June 22, 2011, Defendant A was kept without delivering KRW 134,000 to the person in charge of G accounting at the above G office, a customer H, and used the Defendant’s living expenses, etc. around that time.
In addition, the Defendant kept the sales proceeds of KRW 96,134,00 over 150 times from August 14, 2010 to November 26, 201, or embezzled by using them for personal purposes, such as the Defendant’s living expenses, etc., by failing to deliver the amount of credit received from the customer to the person in charge of accounting, or by falsely recording the sales proceeds received from the customer in G account book.
2. On December 2010, Defendant B, at the time when the Defendant went to the said G office and the said business partner, entered the account book in which A sold active terms to the business partner and received the amount less than the sales proceeds actually received, entered the account book in a false manner in which the credit account was falsely entered, and discovered the fact that A embezzled sales proceeds, and entered the account book in the said G office around the 30th day of the same month to the effect that, in preparing the account book of accounts receivable against A, the credit account amount of KRW 1,292,00,000 to the business partner, was not paid in full, even though there was no amount was paid in full.
The Defendant’s credit payment from December 2, 2010 to July 201, 201, from the above G office to the above G office, is not actually collected in the above manner.