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(영문) 대구지방법원 안동지원 2011.03.29 2009고단753
업무상횡령
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant, as part of the victim B, was a member of the “C” operated by the victim B from February 2, 2008 to September 2008, engaging in the sale and collection of boiler, step pumps, etc.

On July 23, 2008, the Defendant sold a boiler (A-600, 60 E) owned by the victim from “F,” operated by the Daejeon Seo-gu Daejeon, Daejeon, to one of the boilers (A-600, 60 E). On July 28, 2008, the Defendant was transferred the amount of KRW 45 million out of that money to G’s account of community credit cooperatives (number H) in the name of G, and was in the course of business custody for the victim, and remitted the amount of KRW 30 million out of that money to the victim, and embezzled the remainder of KRW 15 million for personal use around that time.

B. Around June 20, 2008, the Defendant sold two set pumps (A-500,500, 505) owned by the victim in the “K SaB” operated by the J in Yeongi-gun, Chungcheongnam-gun, and embezzled 5 million won out of the proceeds for the victim’s business on November 20, 2008, while receiving five million won from J and then being kept for the victim’s personal use around that time.

2. The Defendant against the victim L was a business employee of “M” operated by the victim L from February 2, 2008 to September 2008, and was engaged in the sale and collection of the carbon and electric heat exhauster.

Around July 23, 2008, the Defendant sold 4 heaters owned by the victim from the “F” around July 23, 2008. On the 28th of the same month, the Defendant transferred the price of KRW 8 million to the account of the said community credit cooperative in G and kept in custody for the victim, and then remitted the remaining KRW 3.7 million to the victim, and embezzled the remainder of KRW 4.3 million for personal use around that time.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police interrogation protocol of G or N;

1. Each complaint;

1. A copy of each sales contract;

1. A copy of a sales contract;

1. Letter of payment;

1. A copy of each passbook and a detailed statement of savings deposit transactions (O);

1. A copy of a medal;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the Bank of Korea);

1. Criminal facts;

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