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(영문) 광주지방법원 2016.10.07 2016고단1414
업무상횡령
Text

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

Reasons

Punishment of the crime

"2016 Highest 1414"

1. The Defendant, as a business employee of E Co., Ltd., a victim D in Gwangju Northern-gu, engaged in the delivery and collection of goods of the said company.

From October 14, 2012 to July 31, 2014, the Defendant supplied G University’s management university behind the G University’s management university located in Gwangju Northern-gu to “Hmat” and deposited the outstanding amount in the course of business for the said company by collecting the price therefrom. The Defendant stated that the outstanding amount actually remaining during the above period is KRW 5,283,789 in total and KRW 7,127,930 in total and consumed KRW 1,84,141 in the G University’s high-tech district and the Standing District for personal purposes, such as ex officio drinking value, food, entertainment expenses, etc.

The Defendant, including that, from October 14, 2012 to July 31, 2014, arbitrarily consumed KRW 30,939,238, which was the sum of the amounts collected from ten business partners in total, as shown in the attached Table of Crimes (1), from around Gwangju High-Tech and the Standing District to July 31, 2014.

"2016 Highest 2572"

2. From August 1, 2014 to October 21, 2014, the Defendant served as a business member of the Victim, Inc., Ltd., Ltd., located in the 81-ro 523-ro west-gu, Gwangju, Chungcheongnam-gu, Gwangju, and was engaged in the business of supplying food materials, etc. to marina and collecting proceeds therefrom.

From August 2, 2014 to October 20, 2014, the Defendant: (a) collected food materials amounting to KRW 4,489,900 from Hart located in Gwangju Northern-gu “Hart”; and (b) was used arbitrarily for personal purposes, such as living expenses, etc., in the Gwangju Gdong site around that time; and (c) was embezzled by arbitrarily using the amount of KRW 35,557,29 from 12 companies, such as the list of crimes (2) as shown in the attached Table of Crimes (hereinafter referred to as the “Attachment”), while keeping the amount of KRW 35,57,29 for the victim.

Summary of Evidence

[1] 1.0

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