(영문) 서울북부지방법원 2016.07.21 2015고단4792

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(영문) 서울북부지방법원 2016.07.21 2015고단4792

업무상횡령

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant supplied the frozen fishery products to (State)C, and (State) the obligation unpaid to the customer of the C has been accumulated. Around September 2014, at around September 2014, the Defendant did not notify the head of the business in D and disposed of the frozen fishery products of the said company, thereby discharging the unpaid obligation of the C.

Around January 2, 2015, the Defendant was discovered to have disposed of (State) D’s goods to E, and thus, was demanded to compensate for the damages. Around June 8, 2015, the amount to be repaid to D’s goods was KRW 828,850,390.

Accordingly, the Defendant served as an employee in charge of the sale and collection of frozen fishery products in (State)G operated by the Victim F, and tried to dispose of some of the goods supplied in (State)G at will from the victim and use them for the repayment of the said debt.

On February 2, 2015, the Defendant: (a) called “(ju) G’s office located in Hanam-si, Hanam-si, that supplied freezing fishery products to the said company; (b) called “F’s office to supply the boxes with a coridge of 150,000 won at the market price of 5,650,000,000 won; and (c) supplied a box of 150,000,000 won on behalf of the victim.”

In addition, the Defendant: (a) received a demand for the payment of the price for the goods deducted from D; (b) around that time, he arbitrarily disposed of the said co-ridge from the victim; (c) prepared a false book; and (d) embezzled the price for the sale thereof by using personal debt repayment, etc.; (b) and (c) embezzled the co-ridge 150,000 won at the market price of the victim’s possession from around that time to March 17, 2015, in the same manner as indicated in the list of crimes as indicated in the list of crimes in the attached Table; and (d) embezzled the frozen fishery products equivalent to KRW 743,792,70, which are owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. The part concerning the statement in F in the first prosecutor's examination protocol against the defendant

1. The second prosecution against the defendant;

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