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(영문) 대전지방법원 천안지원 2013.12.12 2013고단1291
업무상횡령
Text

Defendant

A Imprisonment of 10 months, Defendant B's imprisonment of 8 months, Defendant C's imprisonment of 6 months and Defendant D's imprisonment of 8 months.

Reasons

Punishment of the crime

Defendant

A is a director of I Co., Ltd. (hereinafter "victim Co., Ltd.") located in Ha from August 1, 2011 to December 15 of the same year and has been in charge of technical operations. Defendant B is a person who has been in charge of technical operations as the head of the victim’s company from May 1, 2011 to January 31, 2012. Defendant C is a director of the victim company from September 16, 201 to February 20, 2012. Defendant C is a person in charge of purchase and material management as a director of the victim company from September 16, 201 to February 20, 201, and Defendant D is a person who works in Ha located in Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City as the customer of the victim company.

1. Around December 15, 2011, the Defendants conspiredd to purchase processed goods from K, which is a trader in the management of the Defendant D, without having purchased the processed goods from the victim company, by issuing a false tax invoice, etc. as if they purchased the processed goods, and remitted the proceeds to K, and the amount excluding taxes, etc. from Defendant D was refunded to be used as L’s business fund established by Defendant A. The Defendants requested the victim company to prepare a false estimate and tax invoice and submit it to the victim company. Defendant D supplied processed goods to the victim company on December 5, 201. Defendant D supplied processed goods equivalent to KRW 5,2370,00 to the victim company on December 5, 201. Defendant C prepared a written estimate and tax invoice to the victim company on the basis of the aforementioned false estimate and tax invoice, and Defendant C conspired to approve the funds to Defendant B, Defendant B, and Defendant B embezzled the proceeds under the name of the victim’s account in collusion with the victim company on March 30, 2012.

2. Defendant B and Defendant C’s Defendants were to demand the employees, who are the president of the victim company, around December 201.

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