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(영문) 부산지방법원 2016.04.27 2015고단5011
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant of "2015 Highest 5011" is the actual operator of the cleaning service chain C Co., Ltd.

From October 2013, the Defendant was engaged in cleaning station business in D D located in Busan Seo-gu, and was engaged in the work of receiving service fees from E and paying them to workers.

around June 2014, the Defendant received service expenses, including KRW 100,090,00, including the National Pension Service, from the above E, for employees F, and embezzled the said four premiums by voluntarily consuming them as company operating expenses and attorney fees, etc. around that time, from around that time to December 2014, the Defendant embezzled the total of KRW 17,624,240 for employees 26, as shown in the attached list of crimes committed in the attached Table (1) from around that time, and embezzled them by arbitrarily consuming them.

From October 1, 2012, the Defendant was engaged in cleaning and building management through the trade name of the Busan Southern-gu G and C Co., Ltd., the Defendant: (a) from around October 1, 2012 to around December 1, 2012, the cleaning workers belonging to the Defendant Company received cleaning services for the dormitories located in Busan-gu; (b) from around March 1, 2014 to around December 12 of the same year, the Defendant received cleaning and building management services throughout the entire school, such as the above E, and had cleaning workers belonging to the Defendant Company conduct cleaning. (c) From around March 1, 2014 to around December of the same year, the Defendant was engaged in cleaning and cleaning services by deducting 2% from the monthly wages of cleaning workers pursuant to an organization agreement with the Busan Regional Trade Union.

around October 31, 2013, the Defendant, at the office of the above C Company, used the amount of KRW 229,257 as the labor union’s expense from nine nine wages, including E-cleaners H, etc., belonging to the above Company, and embezzled it on his/her own by using it as the name of the operating expenses of C at that time.

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