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(영문) 인천지방법원 2016.10.28 2016고단4373
업무상횡령등
Text

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

The Defendant, while working as an employee of the Victim C Co., Ltd. located in Gyeyang-gu Incheon Metropolitan City, was in charge of the sales and customer management of goods against customers, such as restaurants located in part of Sinsan-si and Sinsan-si.

1. Where the defendant in occupational breach of trust intends to sell food materials, such as rice and kimchi, owned by the victim company to customers, he/she shall sell them at an appropriate supply price determined by the company, and pay the price stated in the trading list to the company;

Nevertheless, on June 2015, the Defendant violated the rice that the victim company sold to KRW 37,000 per 20 kg (20 kg) in Gwangju-si, for the purpose of increasing sales volume, and sold in KRW 28,000 per 1 knpo, and the victim company submitted a trading list as if it sold at normal prices.

In addition, from that time to January 2016, the Defendant sold at a price significantly lower than the appropriate selling price in the same manner as indicated in the attached list of crimes in the same manner, and acquired a total of 34,830,000 won from 14 business entities, including F, and suffered a loss equivalent to the same amount in the victim company.

2. Although the Defendant, on October 29, 2015, sold 10kg of U.S. rice to an enterprise “G” from the victim company, the Defendant: (a) did not prepare a false transaction statement; and (b) deposited 277,000 won out of 480,000 won, which was 480,000 won, which was 480,000 won, and sold to the victim company and received from the company; and (c) deposited 203,00 won, which was 20 won

Around that time, voluntary consumption was made by living expenses in Incheon City.

In addition, the Defendant embezzled KRW 27,288,50 from August 2015 to January 2016 using the same method as food materials sales proceeds in mind.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office against the defendant;

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