(영문) 서울중앙지방법원 2017.05.11 2017고단803

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(영문) 서울중앙지방법원 2017.05.11 2017고단803

업무상횡령

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person in charge of the purchase and management of office supplies, such as drppers, in the security team of the victim D hospital information system in Jongno-gu Seoul Metropolitan Government.

1. Around March 2015, the Defendant embezzled goods worth KRW 20,342,468 of the total value of goods owned by the victim as in the attached list of crimes “1” in the same manner from the time to January 2016, as in the attached list of crimes, in which the Defendant, at the above D Hospital, arbitrarily disposed of and embezzled the amount equivalent to KRW 4,305,275 at the 25 market price of the 25 market price, which the Defendant had been supplied by the customer and kept for business upon delivery from the customer;

2. Around November 2015, the Defendant: (a) concluded a contract to pay the full amount of the amount recorded in the tax invoice as if he received all of the frpers listed in the tax invoice from November 2015 to be supplied by J with the amount of money equivalent to the actual quantity that he/she had not received; (b) on account of the fact that the Defendant is a person in charge, the Defendant: (c) drafted the tax invoice under the name of J; (d) instead, the Defendant directly examined the quantity and quality of the supplied goods; and (d) deposited the amount of money in the form of money borrowed in the name of J from November 201 to March 25, 2015 to receive the amount of money manufactured in Shindoco from November 2015 to March 35, 2015; and (e) subsequently, he/she embezzled the amount of money from March 30, 2014 to May 25, 2015 to March 36, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against the defendant by the prosecution (a list of evidence No. 35);

1. Each police statement made to E, F, G, and H;

1. Complaint;

1. Details of account transactions with the I passbook;

1. I passbook.

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