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(영문) 서울서부지방법원 2018.11.28 2017고정1545
업무상횡령등
Text

Defendant

A A shall be punished by a fine of KRW 3 million, by a fine of KRW 1 million, and by a fine of KRW 1.5 million, respectively.

Reasons

Punishment of the crime

1. The defendants C shall be the head of the headquarters in charge of the sales agency for Yeongdeungpo-do D accommodation facilities, the victim E shall be the head of the team in charge of the sales agency, the defendant A and B shall be the team members belonging to the damaged person's team.

Defendant

A and B formed a task team with the victim and the party who suffered damage with regard to the distribution of the commission for the sales agency, reported the results of the sales agency to the head office, and received the fee from the party who suffered damage after deducting various expenses, and divided the fee by 30% and 35% of the victim and the defendant, respectively. The defendant B agreed to divide part of the fee for the sales agency with the defendant A in advance.

Although Defendant A and B partly revised the facts charged without changing the indictment to the extent that it does not cause any substantial disadvantage to the Defendants’ exercise of their right to defense, Defendant A and B will pay 50% of the fee for the victim’s payment of fees to Defendant C, and Defendant C will pay 10% of the fee for October to Defendant A and B.

Defendant A and B consented thereto.

Defendant

C around that time, 50% of the fee for October 3,941,70 to receive team of the victimized person as described in paragraph (1) of the following 2. A is applied in the name of the victimized person, and 50% of the fee for 16,970,850 won applied in the name of the injured person after Defendant B filed an application in the name of Defendant B, and deposited the remaining 16,970,850 won in the name of the injured person into the account in the name of the injured person, and deposited the remainder 16,970,850 in the Defendant B’s account.

In such a case, the Defendants paid the above KRW 16,970,850 to the victim in accordance with the prior agreement on the distribution of fees, after deducting various expenses, and then distributed the fees according to their respective shares, but in violation of this agreement, Defendants A and B committed occupational embezzlement by taking part of the above KRW 16,970,850.

2. Defendant C

(a) the fabrication of a private document;

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