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(영문) 서울중앙지방법원 2014.01.07 2013고합690
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A shall be punished by imprisonment for two years.

Defendant

B shall be innocent.

Reasons

Although Defendant A’s defense counsel argues to the effect that this part should be excluded from the cross-fluence, this part is not justified since it is merely an circumstance after the crime.

1. Defendant A, who had worked as the head of the management department in the state of the victim D management from July 1999 to October 8, 2012, was engaged in the business of taking charge of the overall management of the company, such as purchase and delivery of products, receipts and payments, and product management.

The defendant was delegated with the right to overall management of the company by the victim so that the management, disposition, etc. of the company's products can be easily performed, so that he had a mind to deduct the victim's future products and dispose of them.

around June 25, 2012, the Defendant: (a) sold 2B (2.5 x 1020 x 10 x 10 x 10 x 20 x c) from May 1, 2012 to July 20, 2012; (b) disposed of 30,389,76,250 won of the market value of the victim’s possession, which the Defendant had been in his/her custody, to G without permission; and (c) sold 7,914K from May 1, 2012 to July 20, 2012, the Defendant disposed of 19,476,250 won in total as the customer’s account; and (c) received the payment from the Defendant without permission.

Accordingly, the Defendant embezzled the product amounting to KRW 199,476,250, which is owned by the victim while on duty.

2. The Defendant embezzled the sum of KRW 12,178,00 as stated in the [Attachment Table 2] between around that time and around October 2012, the sum of KRW 109,316,120 as stated in the [Attachment Table 2] among the nine times, while receiving KRW 12,178,00 as material price from around August 201, 201, and then being kept for business purposes from around 12,178,00 from around 200 to around 200.

Accordingly, the defendant is a victim who is in custody.

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