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(영문) 대구지방법원 2013.09.05 2013고단3054
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant, as the head of a corporation with limited liability operated by the victim D&C in China from October 10, 2006 to January 11, 2012, has been engaged in the duties of receiving quantities, processing, delivery, transaction partner, delivery of goods, remittance of sales profits, management of operating funds, etc.

On April 13, 2010, the Defendant prepared a false bill of 40,000 (Korean currency KRW 720,000) for distribution representation expenses in the expenditure resolution office of the above D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D’s office to provide the accounting officer with the above expenditure resolution to the victim, and used it for the personal purpose at that time.

In addition, the Defendant consumed the total sum of 536,232 bills (Korean in KRW 96,521,760) by the same method 69 times, as indicated in the attached list of crimes (1), (2), (3), and (4), from March 14, 2009 to March 30, 201.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant in occupational breach of trust is the head of the victim D limited liability corporation operated by the victim D&C from October 10, 2006 to January 11, 2012, and has engaged in the business of receiving quantities, processing, delivery, transaction partner, receiving money for supply, remittance of sales profits, management of operating funds, etc.

The defendant, as the head of the above D Limited Corporation, has the duty to recover the processing cost and deposit the cost and protect the customer of the victim when processing the goods ordered by the ordering office.

Nevertheless, on January 12, 2010, the Defendant violated his duties and received an order from the F to supply the “F”, which is the customer of the victim, by means of automatic voltage, etc. from the said D Limited Liability Company, from the victim F, and did not recover and deposit the processing cost of KRW 12,000 (Korean Won 2,160,000).

The Defendant along with this, from around that time to November 18, 201.

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