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(영문) 수원지방법원 2014.05.16 2014고합170
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, from June 2005 to July 2010, has been working for the manufacture of automobile goods, etc. operated by D with the 2nd floor in Young-gu, Young-gu, Gwangju-si, and for the transfer of the victims E Co., Ltd. (hereinafter “E”), and has been engaged in the business of managing business partners, such as partner companies, supplying automobile goods, and receiving money.

1. Occupational embezzlement;

A. A. Around May 2, 2007, the Defendant: (a) received 50,000 won from F to the Defendant’s agricultural bank account; and (b) embezzled KRW 50,000 from the Defendant’s agricultural bank account for business purposes for E; (c) around that time, the Defendant used the same method for a total of 14 times from the aforementioned date to January 18, 2010 as indicated in the attached crime list (1).

B. On September 7, 2007, the Defendant: (a) deposited KRW 14,300,000 for the key production price of automobile from G to the Defendant’s agricultural bank account; and (b) embezzled KRW 5,792,400 in total in the same way as indicated in the crime list (2) from the above date to June 28, 2010, for the sake of E, the Defendant used KRW 239,00 for personal use, such as living expenses, from the day after the time to June 28, 2010.

C. While the Defendant kept E’s corporate cards for business purposes, the Defendant embezzled KRW 2,859,140 in total for 13 occasions as indicated in the attached Table of Crimes (3) between March 21, 2009 and June 7, 2010, by using the same as indicated in the attached Table of Crimes (3) for personal purposes in the Gani-si Si, Chungcheongnam-si, on July 17, 2009, as well as using the said cards to pay KRW 400,000 acquisition tax of the Defendant’s real estate.

2. Acceptance of property in breach of trust;

A. On March 11, 2008, the Defendant received an unlawful solicitation from H representative I to the effect that “a change from J to H is made to a cooperation company under the vehicle maintenance box.”

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