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(영문) 광주지방법원 2014.08.29 2014고단2502
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 4, 2012, the Defendant was sentenced to 8 months of imprisonment for larceny at the Gwangju District Court on July 4, 2012, and completed the execution of the sentence in a wooden prison on October 11, 2012.

From October 2, 2013 to December 20, 2013, the Defendant has been engaged in the sales and collection of industrial products of the said company as a business employee of the victim L Co., Ltd. located in the Gwangju Mine-gu, Gwangju.

1. Around October 17, 2013, the Defendant: (a) collected 1.1 million won of the amount of the industrial product from the Oart operated by N in Ma in Naju-si; and (b) used the amount for personal purposes, such as living expenses, in mind, from the Japanese Won in Gwangju City.

In addition, the Defendant spent 61,731,057 won in total from Gwangju City, etc. 44 times through the same method, such as the entry in the list of crimes, from around that time to December 2013.

The written indictment states that “the defendant used 61,731,057 won in total in the same way from around 1 to 43 times from that time,” but the above 61,731,057 won includes embezzlement amount on October 17, 2013, and the embezzlement act was 44 times in the attached list of crimes, so the correction was made as above.

Accordingly, the defendant embezzled the victim's property.

2. Around October 17, 2013, the Defendant in occupational breach of trust collected the prices of industrial products for the victims from the OE, which is managed by N in M on the Naju-si.

In such cases, the duty of the defendant is to maintain and manage the property of the victim by preventing the victim from receiving an unfair repayment by collecting all the value of the goods supplied.

Nevertheless, the defendant, in violation of his duties, discounted the N's price of KRW 218,146.

Accordingly, the defendant has acquired N from N the pecuniary advantage equivalent to KRW 218,146 of the price of the goods and suffered from the victim equivalent to the same amount.

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