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(영문) 의정부지방법원 고양지원 2017.08.31 2016고단2058
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, from August 20, 2015 to December 2015, the victim D Co., Ltd. established for the purpose of selling contact lensess, etc. from August 20, 2015, is a person who has overall control over the business of the said company while serving as the head of the headquarters of the business.

1. On September 3, 2015, the Defendant received KRW 9,295,00 from the Gwangju Factory under the name of the Defendant from the injured party who is a customer of the victim company to pay contact lenses production costs, etc. at the above victim company’s office, and used them voluntarily as personal living costs, etc. at the location of the Defendant’s residence, etc. around that time, in the course of business for the injured party, at KRW 9,295,00 from the Gwangju Bank account (Account Number E) in the name of the Defendant.

2. Around September 11, 2015, the Defendant received KRW 9,350,000 from the injured party to the said Gwangju Bank account under the pretext of paying operating expenses, etc. to G Co., Ltd. operated by the Defendant in China, and voluntarily consumed the victim’s personal living expenses, etc. at the seat of the said Defendant’s residence.

3. On October 12, 2015, the Defendant received KRW 11,077,00 from the victim’s office of the above victim’s company to pay operating expenses, etc. to the above G company, and transferred the amount of KRW 4,000,000 among them to the above G company for the victim’s occupational storage, and arbitrarily consumed the remainder of KRW 7,077,50,00 from the place of residence of the above defendant’s residence at around that time.

4. Around November 10, 2015, the Defendant received KRW 5,000,000 from the injured party under the pretext of paying operating expenses, etc. to the said G Co., Ltd. from the said G Co., Ltd., and voluntarily consumed the victim’s personal living expenses, etc. at the seat of the said Defendant’s residence.

The defendant is in total as above.

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