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(영문) 창원지방법원 밀양지원 2018.03.15 2017고단393
업무상횡령등
Text

1. Defendant A shall be punished by imprisonment with prison labor for a period of ten months.

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

Reasons

Punishment of the crime

Defendant

A is the vice head of the management division of the victim corporation D, Inc., Ltd., located in Syang from July 1, 2014 to December 2016, 2016, who has been engaged in the business of the selection of the above circuit C and the supplier of oil and aggregate, payment business, etc., and Defendant B is a person who engages in the business of supplying aggregate with the trade name of E.

1. Defendant A

A. Since the Defendant, in occupational breach of trust, engaged in the business of selecting miter C oil and aggregate suppliers, and the business of paying the price, etc., there was a duty to ensure that the victimized company should accurately calculate the unit price, quantity, etc. in purchasing the product from the customer and pay it in excess.

Nevertheless, on the other hand, the Defendant: (a) requested the F&C head of F&C Co., Ltd., a company that supplies miter C with miter D, to return the funds received in excess of the actual supply amount to the personal account in the name of the Defendant; and (b) requested the return of the funds received in excess of the actual supply amount to the personal account in the name of the Defendant; (c) if the Defendant claimed the funds to be paid in excess of the actual supply amount, the Defendant would pay the funds in excess of the actual supply amount to the Defendant; (d) if the Defendant claimed the funds in excess of the actual supply amount to the Defendant, the Defendant would pay the funds in excess of the actual supply amount to the Defendant’s personal account; and (e) if the Defendant claimed the funds in excess of the actual supply amount to the Defendant’s personal account, the Defendant would return the funds in excess of the actual supply amount to the Defendant’s personal account in the name of the Defendant’s company; and (e) thereafter, refund the funds in excess of the actual supply amount to the Defendant’s personal account.

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