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(영문) 춘천지방법원 2017.07.05 2016고단1157
업무상횡령
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, from January 5, 2009, had been working as a person in charge of accounting from “F” to “F” operated by the victim E in Chuncheon-si from around January 5, 2009, and has been engaged in the duties such as collecting and disbursing goods.

On February 9, 2010, the Defendant received 80,000 won from the F Office as the price for goods from the customer to the Agricultural Cooperative account under the name of the Defendant, and used it for the victim’s business. Around that time, the Defendant spent it for personal use, such as living expenses, in the Japan-si Seoul Special Metropolitan City.

From around that time to June 18, 2014, the Defendant spent the total amount of KRW 85,238,517, which was kept on business for the victim by withdrawing from Japan in Chuncheon to Japan to the account under the name of the Defendant in total of 185 times, such as the list of crimes in attached Table (A).

Accordingly, the defendant embezzled the property of the victim while on duty.

2. Defendant B served from April 1, 2006 to February 28, 2013 as the head of business division, etc.

In accordance with an employment contract with the victim, the defendant was engaged in the business of purchasing coffee extraction machines, cream showes, etc. to the customer and collecting fees from the customer, etc., and there was a duty of the defendant not to engage in transactions belonging to the same type or type of the same business as that of the victim on his own account.

Nevertheless, on February 17, 2009, the Defendant received KRW 1,500,000 from G, a business partner, at a place in Chuncheon, from G, a business partner, and received KRW 1,50,000 from the Defendant’s wife H’s account in the name of the Defendant, and instead did not request the victim to do so, and the Defendant purchased and supplied the nitic shock case to G, thereby acquiring fees of KRW 250,000.

According to the list of crimes (B) transactions between January 30, 2009 and January 11, 2013, the Defendant entered the CD.

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