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(영문) 인천지방법원 부천지원 2018.12.07 2018고단2099
업무상횡령등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall pay 45,00,000 won to the applicant C with the amount obtained by deceit.

Reasons

Punishment of the crime

1. The Defendant is a person who has been working for the victim B Co., Ltd. (Representative Director C) from 2007 to 2008 as a business director and has been in charge of the management of business partners and the collection of money for goods.

around October 2010, the Defendant collected the transaction amount from the customer of the victim company to the account managed by the Defendant, and asked the person in charge of G, who is the customer of the victim company, to transfer the transaction amount to a separate designated account. On October 28, 2010, the Defendant received 2,399,100 won from G to the Agricultural Cooperative under the Defendant’s H’s name and embezzled it for personal use from that time until January 16, 2018, from 16 trading companies, including the above G, I, and J, which are the customer of the victim company, including the above G, I, and J, which are the customer of the victim company, from 269 times to the account under the name of the Defendant and H, and used it for the purpose of personal consumption of the victim company for the purpose of business.

2. Fraud;

A. On January 5, 2015, the Defendant would pay the victim C with the money lent by the owner of the house living in Korea to the victim C as “The owner of the house living in Korea increases the deposit for lease on a deposit basis.”

“The purpose of “ was to make a false representation.”

However, in fact, the Defendant thought to use money from the damaged party for the repayment of personal debt, but did not intend to use the money as the deposit for the lease on a deposit basis. The Defendant lent money from the son and used it, and up to four years, he embezzled more than KRW 300 million of the transaction price of the B corporation operated by the injured party after the injured party, and did not have any intent or ability to repay the borrowed money due to lack of economic capacity, such as embezzlement of more than 30 million of the transaction price of the B corporation operated by the injured party

Nevertheless, the defendant deceivings the victim as above and thereby, the Saemaul Bank in the name of the defendant on the same day from the victim.

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