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(영문) 수원지방법원 성남지원 2014.02.06 2013고단2135
업무상횡령등
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A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall make an applicant for compensation an embezzlement of KRW 75,640,132 and double wages of KRW 216,313.

Reasons

Punishment of the crime

The Defendant, from October 18, 2003 to April 30, 201, has been engaged in the business of Victim C Co., Ltd, which was located in Gwangju City D and 101, and has been engaged in the business of selling and collecting meat of the said company.

1. On December 3, 2009, the Defendant: (a) deposited KRW 701,00 of the meat price in the Agricultural Cooperative’s account (Account Number: H) in the name of the Defendant in the course of occupational custody of the Defendant; (b) around that time, he consumed for personal use, such as entertainment expenses, etc. in the manner of mind; and (c) from that time until April 30, 201, the Defendant consumed KRW 75,640,132 in total by the same method for 341 times as indicated in the attached list of crimes, as indicated in the attached Table (1).

Accordingly, the defendant embezzled the property in the course of business on behalf of the victim company.

2. Since the Defendant, as a business employee of the victim company, was engaged in the business of selling and collecting meat of the above company, the Defendant had duties to sell meat to the customer according to the price set by the victim company.

However, on January 14, 2010, the Defendant violated the foregoing duties and sold 10-15% at a price set by the victim company for the purpose of receiving advance payments while selling meat at K operated by the J in the East Sea as of January 14, 2010, and sold it by the same method for 51 times as indicated in the annexed List of Crimes (2) between January 6, 201 and April 19, 201.

As a result, the defendant obtained property benefits equivalent to the sum of 216,313,440 won in K, G, L, and M, which are customers, and suffered damages equivalent to the same amount from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including N substitute part);

1. Statement of the police officer with regard toO or N;

1. Details of passbook transactions;

1. The application of the Acts and subordinate statutes of each statement of transactions and each statement of transactions.

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