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(영문) 대전지방법원 서산지원 2019.10.02 2019고단646
업무상횡령
Text

Defendant

A Imprisonment with prison labor for two years and for six months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A worked for the victim C Co., Ltd (hereinafter “victim”) from around January 21, 2013 to January 21, 2019, and was in charge of fund enforcement since January 2016, and Defendant B operated the manufacturer of the melting salary, etc. with the trade name “D” from January 2014.

1. The Defendants’ co-principal made the victim company receive materials from D so that the victim company could unrefilledly execute the excessive amount of the materials that the victim company would pay to D, and then agreed to divide the difference.

Defendant

B, around October 5, 2016, even if the materials amounting to KRW 8,129,00 were actually supplied to the victim company, it issued an electronic tax invoice that includes an excessive amount of KRW 11,482,570, and sent it to the e-mail of the victim company. Defendant A instructed E in charge of accounting affairs to transfer KRW 11,482,570 from the victim’s bank account to D’s bank account, thereby embezzlementing KRW 3,353,570, the difference between the actual price of the materials and the actual price of the materials, and embezzlement KRW 3,353,570 from June 13, 2016 to January 18, 2019, the difference between KRW 795,746,788,7858,985,988,97,57,898,57,57,97, and the actual amount of the materials and the actual price of the materials.

As a result, the Defendants conspired and embezzled the property of the victim company that Defendant A had been in custody on duty.

2. Defendant A

A. The Defendant: (a) made the victim company’s commission of the transport of goods to a mutual transport business entity “G” operated by F, so that the victim company charged excessive enforcement of the transport fee paid to G by paying the transport fee; and (b) made the difference refunded.

The Defendant requested F to F on May 2, 2018.

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