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(영문) 서울남부지방법원 2018.10.19 2017고단3517
업무상횡령
Text

[Defendant A] Defendant A is punished by imprisonment with prison labor for two years.

[Defendant B] Defendant B is punished by imprisonment with prison labor for a year and six months.

(b).

Reasons

Punishment of the crime

Defendant

A is the head of the business division of the victim C Co., Ltd. (hereinafter referred to as the "victim C Co., Ltd."). Defendant B is the vice head of the victim Co., Ltd., and the Defendants were engaged in the business division of the victim Co., Ltd., and the business division of the victim Co., Ltd. (hereinafter referred to as the "the victim Co., Ltd.") was engaged in the business activities

The Defendants, by taking advantage of the authority to take out the products of the victim company for the purpose of sale, conspired to embling the products of the victim company to sell the products to the customer by taking out the products of the victim company, and to receive the following payments.

Therefore, on June 25, 2012, at the office of the victim company located in the Guro-gu Seoul Metropolitan Government D D Building E, the Defendants embezzled F Products of KRW 20 million in the market price of the victim company in his/her business custody to the Customer G by taking a deduction of KRW 20 million, and by taking delivery of KRW 20 million, as described in the list of crimes in the attached Table, and embezzled them by taking them into account 47 times in total from October 25, 2010 to June 5, 2016, the Defendants embezzled the products of the victim company owned by the victim company with KRW 376,76,40 in total market price during his/her business custody to sell them to the customer and receive payments (excluding the remaining part of the list of crimes in the attached Table), and the Defendants embezzled F Products of the victim company with KRW 60,00 in the manner of selling them to the customer company [the summary of the defendant company’s 60,000 in the attached Table].

1. The defendant A's partial statement

1. Each legal statement of the witness B, H, I, and J;

1. Each protocol concerning the examination of the suspect of the defendant A and B by the prosecution (including the statement of K and I by the prosecution);

1. A written estimate, a copy of written order, and a copy of a detailed statement of transactions;

1. Each quotation, export ODR, e-mail;

1. To make a comprehensive inquiry into each Liice management ledger, the Fiice management ledger, each of the griice management registers, and the entry and departure of griices;

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