(영문) 대구지방법원 포항지원 2016.01.27 2015고단1282

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굵기

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자간(%)

(영문) 대구지방법원 포항지원 2016.01.27 2015고단1282

업무상횡령등

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Defendant

A shall be punished by imprisonment with prison labor for a year and four months, and by imprisonment with prison labor for a period of ten months.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

Defendant

A is a person in charge of the overall management of gas stations, such as the maintenance of customers, business activities, etc. while working as a complaint at the victim E station located in Nam-gu, Seoul, Seoul, from April 2013 to May 2015 (hereinafter “victim Company”). Defendant B is a person who works as a financial account with the victim company from April 2012 to May 2015 and was in charge of the disbursement, etc. of funds while serving as a financial account with the victim company.

1. Joint crimes committed by the Defendants

A. On April 25, 2013, the Defendants conspired to make half of the amount of oil collected from F, the customer of the victim’s company, and Defendant A received transfer of KRW 5,590,780 to the above account on the same day to the employees of the above F, and used the amount in mind as the Defendant’s living expenses, etc. around that time.

Accordingly, the Defendants conspired and embezzled the victim's property.

B. On December 2013, the Defendants: (a) voluntarily opened an account in the name of the victim company in the name of the victim company; (b) received oil payment from the customer to the said account; and (c) deposited part of the Defendants into the legitimate account in the name of the victim company; and (d) conspired to divide one half of the Defendants into two parts.

1) On December 19, 2013, Defendant A, according to the above public offering, entered the name column of the organization in the form of a written application for deposit transaction in the Dong-gu, Do-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter “State”) in the corporate registration number column, “I”, “H” in the name column of the representative, “J” in the name column of the head office address column, and affixed the seal of the E-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, Inc., a corporation

Accordingly, the Defendants are the defendants.

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