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(영문) 춘천지방법원 강릉지원 2014.08.08 2014고단279
업무상횡령등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. The Defendant’s occupational embezzlement is a person who works for “DFC” located in Gangseo-si, Gangnam-si from around 2002 to December 5, 2012 and was in charge of the sales of feed and settlement of accounts.

At around 209, the Defendant had a total of KRW 200,000,000 as well as a total of KRW 35,000,000 with respect to the second financing right, including the Defendant’s debt, but on the other hand, the Defendant’s monthly wage insufficient to repay the interest on the above debt. As such, the Defendant was willing to use the amount equivalent to the amount of the livestock feed managed by the Defendant as repayment of the Defendant’s debt.

Around that time, the Defendant: “Around that time, the Defendant purchased the cattle from the “DF” to the Defendant’s elementary school Dong Chang-si, who purchased the cattle from the “DF,” and received consent from E, stating, “I will first use it in the personal account because the domestic economy is not good. I will use it in return for the payment of the feed with the money, and will include it in the Agricultural Cooperative.”

Around September 18, 2009, the Defendant, at the Agricultural Cooperative Office of the Defendant’s Agricultural Co., Ltd., (hereinafter “CF”), distributed the above feed to E without entering the fact of shipment of 50,000 won of cattle in the market price of KRW 550,00,00 in the Agricultural Cooperative’s order, and embezzled the amount equivalent to KRW 57,052,90,00 in the amount of feed owned by the victim’s “CF” as stated in the attached Table (1) from August 26, 2012, by receiving the relevant feed payment from E into the corporate account of the victim’s “DF” without being deposited into the corporate account of the victim’s “DF” and using it in repayment of the Defendant’s personal debt.

2. The Defendant’s fraud by using computers, etc. from around 2009 to the Agricultural Cooperative (Account Number:F, etc.) account in the name of the Defendant and used the money for the Defendant’s personal repayment of the Defendant’s personal obligation, and then borrow money from the other Defendant’s will and borrow money from the other Defendant’s will to “DF.”

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