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(영문) 광주지방법원 2020.06.19 2018고단1413
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 19, 1996, the Defendant joined the victim limited liability company C (hereinafter “victim”) which is the main company of alcoholic beverage wholesalers located in the mining area Dong-gu, Dong-gu, and was in charge of the duties of the chief (2009) and the regular director (2014) and engaged in the duties of selling, delivering, receiving, etc. of alcoholic beverages.

1. On August 1, 2017, the Defendant embezzled the total amount of KRW 139,435,100,000, in total, over 15 times as shown in the attached Table of Crimes (Ⅰ) between August 10, 2017, when he/she was engaged in the business of receiving liquor amounts of KRW 9,683,780, which was supplied with 201 boxes, cars cans, 56 boxes, carbs, carbs, 104 boxes to the “E”, a customer located in Gwangju-gu, Gwangju-gu, and then embezzled the amount of KRW 9,683,780 for the damaged company.

2. On January 14, 2015, 2000 won was loaned to the “G”, which is a new business entity that newly opens and engages in the business, on the basis of the request of the business entity that newly opens the business, and collected the loan during the transaction period. The victimized company loaned KRW 10 million to the “G”, which is a new business entity located in the YYF, Jeon Sung-gun, Sungsung-gun, Seoul.

On December 30, 2015, the Defendant: (a) collected KRW 500,000 from the “G” as a loan collection fee and kept it for the victimized company; (b) did not deposit it into the victimized company; and (c) around that time, used it for personal purposes in the daily community in Gwangju City as well as used it for the personal purpose in September 30, 2016 in the same manner as the list of crimes (II) in the attached Table of Crimes (II), as shown in the list of crimes (II), embezzled the sum of KRW 5 million loans collected by customers over a total of 10 times during the period of 10 times from the daily community in Gwangju City around that time.

3.The embezzlement of business support funds for customers shall be traded with the Customer for a given period of time and shall sell a specified amount or more.

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