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(영문) 대전지방법원 2016.08.18 2015고단4330
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From October 2010, the Defendant, along with the suspension of indictment B (the same day of the same day), was engaged in the business of the Daejeon sub-branch and the business of collecting money from the said Daejeon sub-branch, such as D, the victim F and the victim G G company, working as employees of each of the Daejeon sub-branch operated by C, E, and supplying books from the said victims to the point of business who is the customer.

1. The Defendant, in collusion with the victim C on June 2012, supplied books equivalent to KRW 5,766,505 from the victim C, and supplied KRW 5,766,505 to the Cheongju H, and supplied KRW 5,750,00 for the victim’s occupational storage for the victim, the Defendant paid KRW 5,506,60 to the victim only and arbitrarily consumed KRW 259,905 for the purpose of living expenses, etc. around that time. Furthermore, the Defendant used KRW 42,758,920 for personal use from March 2015, as shown in the list of crimes in the attached Table.

2. The Defendant, in collusion with B on June 2012, supplied books equivalent to KRW 18,237,410 from the Victim F, and supplied KRW 18,237,410 to the Cheongju H et al. 76 books, and then supplied KRW 18,237,410 to the victim for his/her occupational storage, the Defendant paid KRW 15,50,000 to the victim and arbitrarily consumed KRW 2,737,410, which is the difference for the purpose of living expenses, etc. around that time, and consumed KRW 115,693,234 for personal use from that time until March 2, 2015, as shown in the list of crimes in the attached Table.

3. The Defendant, in collusion with the Victim G Co., Ltd. on June 2012, supplied books equivalent to KRW 7,090,875 from the Victim G Co., Ltd., and supplied KRW 7,090,875 to the Cheongju-ju and 46 books, and then paid KRW 5,850,198 to the victim while he was on business custody for the victim, and arbitrarily consumed KRW 1,240,677 for the purpose of living expenses, etc. around that time.

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