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Reasons
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(영문) 서울남부지방법원 2012.12.18 2012고단4049
업무상횡령등
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The Defendant has been engaged in the supply and collection of grain to customers while working as a staff member of D operated by the victim C from October 10, 2004 to April 2012.

On January 2012, the Defendant collected KRW 392,00 of the cost of supplying grain from the end of the king-si around the end of the year, and used it for personal purposes, such as business funds, in the city of entertainment, etc. around that time.

In addition, from around that time to April 2012, the Defendant embezzled total of KRW 100,872,50 by the same method 27 times, such as the list of crimes (1) in attached Form 27 times, from around that time to around that time.

2. On November 9, 201, at the time of the death house operated by the Victim G located in Suwon-gu, Suwon-gu, 201, the Defendant: “The Defendant, the president of D’s business partner, who was working for the Defendant, purchased and stockpiled grain to purchase and store the grain that would have been suspended from the import, and the amount of KRW 5,700,000 from the victim to the bank account in the name of the Defendant’s wife H, and received KRW 6,00,000 from the victim on March 22, 2012, and received KRW 4,00,000 in cash.

However, in order to prevent the Defendant from being exposed to the embezzlement of DNA gold as referred to in the preceding paragraph, the Defendant had no intention or ability to stockpile grain by purchasing and reserving grain for the victim, even if he/she borrowed money from the victim, because he/she was thought to have added part of the embezzlement or used it for business funds and personal repayment.

As above, the Defendant, by deceiving the victim as above, received a total of KRW 15,700,000 from the victim to April 20, 2012, and acquired KRW 163,595,00 on eight occasions, such as the list of offenses (2) from around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. J. .

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