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(영문) 의정부지방법원 고양지원 2015.06.18 2014고단1702
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who has worked as a chief in charge of the management, installation, operation, etc. of facilities from October 2002 to March 26, 2014 in the victim corporation D (fire-fighting systems and flame retardation construction) with three floors in Eunpyeong-gu Seoul Metropolitan Government.

1. Occupational embezzlement;

A. From December 2008 to July 2009, the Defendant embezzled the flame retardation construction work as requested by the victim company from a supply-demand company (mutual name: E) who received flame retardation construction work from the new world head office in Seocho-gu Seoul, Seoul, and from a supply-demand company (mutual name: E) located in the head office of the Seocho-gu, Seoul, Seoul, and from a supply-demand company (mutual name: 650,000 won, which received the total construction payment from the Defendant’s personal account and used it for the purpose of living expenses around that time.

B. As the Defendant did not receive the benefits from the victim company, by using the credit card for business promotion in the name of the victim company, purchased merchandise coupons at the department stores, etc., and paid a certain fee (7% at the market price) to the merchandise coupon exchange, the Defendant was willing to arbitrarily distribute the business promotion expenses that were cashed at discount.

1) On November 6, 2012, the Defendant purchased gift certificates of KRW 800,00,000 in the name of the victim company at the middle department store of the department store, and embezzled business promotion expenses of KRW 744,00 on behalf of the victim company for the purpose of living expenses of the victim company. (2) On November 12, 2012, the Defendant purchased gift certificates of KRW 1,00,000 in the name of the victim company at the middle department store of the department department store, and embezzled them for the purpose of living expenses of the victim company. (3) On November 12, 2012, the Defendant arbitrarily used business promotion expenses for the purchase of gift certificates of KRW 930,000,000 in the name of the victim company in the middle department store of the department department store in Gyeyang-gu Incheon, and used them for the purpose of living expenses for the victim company.

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