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(영문) 수원지방법원안산지원 2020.10.29 2020고단49
업무상횡령등
Text

1. Defendant A shall be punished by imprisonment with prison labor for a period of ten months.

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the Co., Ltd. (hereinafter “C”) and Defendant B is a person who had worked as the auditor of the said company from September 2017, and the victim D was an employee of the said company.

On September 2017, the Defendants recovered one set of Nowon-gu and ice PC owned by the said company, which was used by the victim for business purposes, to verify the stored materials.

Accordingly, Defendant A instructed Defendant B to request the data recovery business entity to analyze the hard disks of the above scke PC secured as above in Ansan-si E located in Ansan-si on November 201, 2017. Accordingly, Defendant B requested the data recovery business entity to analyze the hard disks of the scke PC on November 6, 2017, and restored the contents of the Kakakao ine dialogue stored or deleted in the scke.

As a result, the Defendants conspired, thereby infringing the victim's secret by finding out the electronic records in the PC installed by the victim's secret device by using technical means.

2. Defendant A

A. As the Defendant’s occupational embezzlement requires business funds while operating C, C was a company that owns stocks equivalent to 60%, and the Defendant entered a victim G Co., Ltd. (hereinafter “G”) with which the Defendant actually operated, or a person who did not work, as an employee of the victim G, and went to raise funds by paying wages to his/her employees.

Accordingly, around June 2016, the Defendant registered H, the spouse of the head of the management support department D, as a victim G employee in Ansan-si E, the Defendant transferred KRW 1,760,000 to the International Bank account (J) in the name of H on July 25, 2016, and then withdrawn and prepared in cash (the amount equivalent to KRW 300,00,000 shall be paid to H at the expense of the amount equivalent to KRW 300,00).

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