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(영문) 의정부지방법원 2015.09.22 2015고단2050
업무상횡령등
Text

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

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

Reasons

Punishment of the crime

[2015 Highest 2050]

1. The Defendant is a person who, around April 2007, entered the victim (State)F operated by E located in Gu Government-si D, and from February 2010, the head of the business division has been engaged in the business of selling goods and collecting money of the said company.

On March 24, 2010, the Defendant: (a) deposited KRW 1,751,300 from the business partner G of the victim company as the passbook in the name of the Defendant; and (b) used the above amount for personal purposes without returning it to the victim company while keeping it for the victim company.

In addition, from around that time to June 20, 201, the Defendant embezzled the same amount of KRW 53,013,250, which was kept for the victim company for personal purposes, by consuming the same amount as in attached Table 1, in total, 19 times, as shown in attached Table 1.

2. Around May 3, 2011, the Defendant made a false statement that “The Defendant would sell timber on his/her own to the victim I (name omitted) representative located in Gangnam-gu Seoul Metropolitan Government, and pay the price therefor.”

However, the defendant was thought to be used for personal purposes by selling timber from the victim because of economic difficulties at the time, and there was no intention or ability to pay the wood price to the victim due to the sale price of timber.

As such, the Defendant, by deceiving the victim, received timber equivalent to KRW 2,330,00 from the victim’s seat at its market price, and from around that time to October 11, 201, received money or goods equivalent to KRW 6,94,900 in total from the victims by deceiving the victims 11 times in total, as shown in attached Table 2 of Crimes List 2, from around that time.

[2015 Highest 2882]

1. On October 26, 2012, the Defendant committed fraud on October 26, 2012, in the “L” of the “L” operation of the Victim K located in the JJ in Seongbuk-si, Namyang-si, Seongbuk-gu, Seoul, the Defendant purchased 400,000 the purchase price, since the purchase price is insufficient for the Defendant to purchase the opportune-dong at the night in Seongbuk-dong

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