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(영문) 광주지방법원 2013.10.23 2013고단4235
업무상횡령등
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for one year;

(b)Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A, around March 30, 2009, became a victim D Co., Ltd. (hereinafter referred to as "victim D Co., Ltd.") and worked in the business support team at the business support team, and has been in charge of sales and collection by transaction partners, management of sales and collection of money, transportation and freight, product sales and collection until departure. Defendant B as a cargo transport service provider from May 2010 to the victim company has been in charge of delivery of the products of the victim company in accordance with the cargo transport contract with the victim company.

On the other hand, employees belonging to the business support team of the victim company have the authority to sell the products of the victim company in retail form after selling them in the form of retail and to pay them to the company.

1. Defendant A, as an employee of the business support team of the victim company, has the authority to sell the victim company’s products to the individual purchaser, and to conduct payment and deposit affairs of the company. The fact is that the company’s products are sold in cash to the individual purchaser, but the company’s integrated computer database’s customer ledger computer system entered false facts as if the individual purchaser purchased the products with the card, and did not deposit the cash received from the individual purchaser with the company as the price for the products, but instead did not pay it to the company for personal use.

Accordingly, the facts at the office of the business support team of the victim company around June 11, 2009 were entered falsely as if the individual purchaser settled KRW 135,000 with the Hyundai Card even though the defendant sold the products of the victim company to the individual purchaser on his name, and then the amount equivalent to the sales proceeds was received from the individual purchaser with the securities account in the name of the defendant (E) around that time and used arbitrarily for the personal purpose as shown in the attached crime list (1) as shown in the attached crime list.

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