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(영문) 대구지방법원 2018.01.18 2017고단4414
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 1, 2011, the Defendant: (a) transferred the instant D’s business license to Victim E; (b) was employed by the victim and was in charge of entering and withdrawing the D’s business by using the agricultural bank account in the name of the Defendant (F, G, H, I, J, K, L, M, etc.).

1. On December 15, 2016, the Defendant received KRW 8,367,148 from D’s customer account (Account Number: G) in the name of the Defendant, and used it for personal purposes by arbitrarily transferring it to the Agricultural Cooperative Account (Account Number:N) in the name of the Defendant on the same day while the Defendant was in the course of business custody for the victim.

From around that time to January 17, 2017, the Defendant consumed total of KRW 28,656,602 by the same method over a total of ten times, such as the list of crimes in the attached list.

Accordingly, the defendant embezzled the victim's property.

2. Obstruction of business;

A. On December 9, 2016, the Defendant arbitrarily changed the password of the Agricultural Cooperative Account (Account Number: F, G, H, I, J, K, L, and M) in the name of the Defendant, which was managed by the Defendant, in order to prevent the victim from operating D any more.

Accordingly, the defendant interfered with the victim's D operations by force.

B. On December 16, 2016, the Defendant: (a) was not planning that the victim would not supply eggs, etc. to D’s customers; (b) on such grounds, the Defendant called “D” to the person in charge of Mart as one of the U.S. branches of Mart, U. Nam-gu, Mart, Mat, Mat, Mat Co., Ltd. as one of the main offices of the Mat, Mat, Mat, Dae-J Livestock Products Co., Ltd. as one of the main offices of the Mat, Mat, Dae-gu, Mat, U.S., Mat, Mat, Mat, U.S. as one of the agricultural cooperatives of Sungju, Mat, U.S., Mat, Mat, P, and Tae-gu as one of the agricultural cooperatives of Mat, U.S., and called “D.”

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