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(영문) 의정부지방법원 2014.02.12 2013고단793
업무상횡령등
Text

Defendant

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

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A The Deputy Director of H’s Department of Business, Defendant B, the Deputy Director of the Department of Business, and the Department of Business, I, and J, and K as an employee of the Ministry of Business, and the Defendants have engaged in the sale of medical devices and parts of the above company and the collection of revenues.

Defendant

A, while taking overall control of the business division of G, intended to embezzled medical devices and parts that have been kept in business in the company by receiving an order from a direct customer without managing and supervising G and receiving an estimate from the direct customer.

1. Occupational embezzlement;

A. On May 25, 2010, Defendant A and I embezzled two telephones in total amounting to KRW 900,000,00 in the market value of the Victim H, Inc., Ltd., Inc., the Defendant, who was an engineer A/S, going through a local business trip and was in custody on his/her business vehicle, to arbitrarily deliver the amount to the Newdong branch, Inc., Ltd., Ltd., located in Busan, which is not a customer of the company, to the bank account in the name of the Defendant. At that time, Defendant A and I transferred the amount to the bank account in the name of the Defendant, and used it as revenue expenses and other entertainment expenses, etc. from that time to January 24, 2011, and embezzled the medical devices and parts in total amounting to KRW 7,020,000 in the same way as shown in the list of crimes No. 1.

Accordingly, the Defendant embezzled goods owned by the said victim in collusion with the said I.

B. The Defendants and I, J, and K co-principals set up a M company under the name of Defendant B, which is the seat of Defendant B, upon request from Defendant B in order to systematically embezzled the company’s goods. Upon receipt of an order from the Customer, the Defendants and I, J, and K provide a written estimate under the name of the customer, and provide a written estimate under the name of the customer, which is lower than the amount of the victim H’s quotation and its estimate, to the customer, and order I, J, or K to the victim.

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