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(영문) 서울동부지방법원 2019.03.06 2017고단2507
업무상배임등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From July 1, 2015 to June 9, 2016, the Defendant worked as the head of the E-gu in Gwangju Mine-gu, Gwangju, and was in charge of human resources, accounting, personnel affairs, etc.

1. The Defendant in occupational breach of trust has a duty to perform the business of purchasing goods necessary for the company in accordance with lawful procedures and methods.

Nevertheless, the Defendant: (a) sold the locked volume of the locked volume to the Fropsed Company B; and (b) deposited KRW 510,000 on December 14, 2015, and KRW 300,000 on December 21, 2015 to the G bank (H) in the name of the Defendant; and (c) consumed the Defendant’s living expenses, etc. around that time.

Accordingly, the defendant acquired property benefits equivalent to 810,000 won for the above walleds, and suffered damages equivalent to the same amount.

2. Occupational embezzlement;

A. On February 23, 2016, March 6, 2016, and March 31, 2016, the Defendant received 300,000 won from the G Bank’s account under the name of the Defendant upon receipt of a request for the attachment of a invoice from the Iydo business office on March 31, 2016.

around that time, the Defendant consumed a total of KRW 300,000,000, which was kept on behalf of the victim company.

Accordingly, the defendant embezzled the money of the victim who was under his business custody.

B. On February 14, 2016, between February 14, 2016 and March 3, 2016, the Defendant: (a) written agreement between the Defendant and K, L, M, and N, with respect to the selective distribution (luxa) that stolen by the Defendant’s center; and (b) received KRW 1,200,000 on March 14, 2016.

around that time, the Defendant consumed the sum of KRW 1,200,000, which was kept in business for the victim company.

Accordingly, the defendant embezzled the money of the victim who was under his business custody.

The Defendant worked as the head of the victim B corporation at the I Gwangju Terminal located in Gwangju Mine-gu, Gwangju, and took charge of human resources management, management of selective distribution products, etc.

The defendant.

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