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(영문) 서울북부지방법원 2016.11.11 2016고단63
업무상횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

Reasons

Punishment of the crime

Defendant

A is an employee in charge of alcoholic beverage supply of G, a liquor supplier, and Defendant B is an employee in charge of sales and warehouse management, inventory management, inspection, etc. as the victim I store operated by H, and the victim company was supplied with alcoholic beverages from the above G.

From March 2013 to April 2013, 2013, the Defendants, among the first patrolmen, were able to borrow money from Defendant A several occasions to repay any debt accruing from Defendant B to Defendant B, and were willing to have a part of alcoholic beverages supplied to the said G to the victim company divided by cash by deducting the part of alcoholic beverages supplied to the said G from the said patrolmen.

According to the above mother, Defendant A carried 93 boxes of alcoholic beverages supplied by the above G to the victim company at the loading site of the victim company located in Seoyang-gu J on April 22, 2013, Goyang-gu, Seoyang-gu, J., and did not carry about approximately KRW 11.20,00,00 among the cargo lanes. Defendant B did not carry the alcoholic beverages supplied to the victim company at the loading yard of the victim company as seen above, and Defendant B conducted a false inspection of the supply details as if it was entirely carried out even if some alcoholic beverages were not loaded in the victim company's storage for the victim company. Defendant A sold the illegal alcoholic beverages to the purchaser of the illegal alcoholic beverages, whose name cannot be known on the same day, on the same day, after having loaded them onto the cargo container or near the road, etc., and then consumed the sales proceeds by means of living expenses, entertainment expenses, personal debt repayment funds, etc.

In addition, from the above date to September 14, 2013, the Defendants sold alcohol bags of the victim company over 31 occasions as shown in the attached list of crimes, and consumed the sales proceeds for the above purposes.

As a result, the Defendants conspired to keep alcoholic beverages owned by the victim company for business purposes at will a total of KRW 3,1920,000.

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