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(영문) 창원지방법원 2019.05.01 2018고단3422
업무상횡령
Text

Defendant

A Imprisonment for eight months and Defendant B shall be punished by imprisonment without prison labor for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. Defendant A, from June 2015 to March 23, 2018, had worked as the director of the material management division of the Co., Ltd. in Changwon-si, Changwon-si, and Defendant A, around November 21, 2017, purchased 2,148,300 electric wires of KRW 2,148,300 (HIV2.5S) from the Dispute Settlement Bank Co., Ltd., a customer transaction partner of the victim company, and sold at will to B during the course of business custody for the victim, and embezzled them by selling at will the electric wires of KRW 12,918,960, total sum from that time to March 23, 2018, as shown in the List of Crimes.

2. Defendant B is a person who has been engaged in the purchase of materials in accounting in the Do and retail chain of electric machinery and materials located in F of Changwon-si, Changwon-si.

Around November 21, 2017, the Defendant purchased 2,148,30 won electric wires (HIV2.5S) at the market price embezzled from the victim corporation D as above. In such a case, the Defendant had a duty of care to verify the seller’s personal information and to verify whether the person engaged in the purchase of electric machinery and materials is a seller, and whether the electric wires are suitable for the acquisition process, condition, transaction volume, and transaction rate.

Nevertheless, as long as the Defendant neglected to verify the seller’s personal information, etc., the Defendant purchased 30 copies of the above wire from the above A in 1,050,000 won and acquired stolen goods by negligence in the course of business, and purchased 14,05,00 won electric wires of KRW 24,918,960, a total market price of the stolen goods over 12 times from that time, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of H;

1. A complaint;

1. Application of Acts and subordinate statutes to specifications of transactions, details of financial transactions, and statements of payments;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 356 and 355(1) of the Criminal Act;

B. Defendant B: Criminal Act.

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