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(영문) 대전지방법원 2017.02.02 2016고단3945
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant worked as a business manager for the projects of E Co., Ltd. for the purpose of information and communication projects in Daejeon-gu, Daejeon-gu, and has overall control over the business management, accounting, fund management, etc. of the said company together with F who is the representative director.

The defendant prepared a false contract as if the victim entered into a normal service contract with another company, transferred the funds of the victim to another company based on the contract, and received the return of the funds to be used for personal purposes.

Accordingly, on April 7, 2014, the Defendant entered into a false “system maintenance and management service contract” with Hangum Information and Communications Co., Ltd. (hereinafter “Makkat”), and transferred KRW 190,000,000,000 to Handoz, and around that time, returned KRW 170,000,000 excluding value-added tax, etc. and used it for personal purposes. On the same day, the Defendant entered into a false “system maintenance and management service contract” with Quakat Co., Ltd. (hereinafter “Makatst”), and then remitted KRW 68,750,000 to Quakat, and then used it for personal purposes after returning KRW 45,00,000 excluding value-added tax.

Accordingly, the Defendant embezzled the victim’s 215,000,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, I, and J;

1. A complaint filed by G;

1. Investigation reports (to reply to data from the Government-integrated electronic computer centers);

1. Investigation report (Korean telephone call from the Government-integrated electronic computer center);

1. Investigation report (Attachment to materials of the civil rights committee) - Reporting and examination written opinions;

1. Details of the subcontractor and the embezzlement;

1. Contract for general use in the Public Procurement Service, contract for service in the Hanm Information and Communications Contract, and contract for service in the Quak Quak Qua, which is a dispute resolution committee;

1. Certificates of receipt of products related to the SM GUI;

1. Data reported by the E-value tax office in 2014;

1. Details of the purchase and sale of post office financial systems by quarter, 2014;

1. Documents prepared for preparation of 2015, together 10157 E;

1. The post office financial system, 2014.

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