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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
The Defendant is a person who was engaged in the payment and collection of goods as the employee of the Victim D Co., Ltd., who had been engaged in the business of paying goods from December 29, 2009 to December 201, 201.
1. Occupational breach of trust;
A. On August 31, 2010, the Defendant had a duty to collect the amount of KRW 2,316,600 from the F pharmacy located in the Dong-gu Busan Metropolitan City, which is the customer of the victim, from the victim’s F pharmacy, despite the fact that the Defendant had a duty to collect the amount of KRW 2,316,600,00 from the victim’s company, the Defendant acquired property benefits equivalent to the above price by arbitrarily offsetting the amount of KRW 9,80,000,00 which the Defendant and the above Defendant should pay to the F pharmacy in advance.
B. Around September 10, 2010, the Defendant received a card to pay KRW 300,000 from the person in charge of the medicine supplied by the victim to the victim company at the H pharmacy located in Young-gu G of Busan Metropolitan City, which is the customer of the victim. As such, the Defendant, despite the fact that he had the duty to use the said card for the settlement of the victim’s price, was to pay the sales proceeds of another pharmacy by using the said card, and then the Defendant, despite the fact that he had the duty to use the said card for the settlement of the victim’s price, paid the sales proceeds of the drug at the other pharmacy, and then, the prior settlement proceeds
C. On July 1, 2011, the Defendant had a duty to collect the amount of KRW 2,634,800 of the medicine amount provided by the victim company from the J pharmacy located in Busan High-gu I, Busan High-gu, which is the customer of the victim. However, the Defendant arbitrarily offseted the amount of the medicine amount of KRW 2,500,000,000, the Defendant acquired financial benefits equivalent to the above medicine amount and suffered damage equivalent to the above medicine amount from the victim.
피고인은 2010. 7.경에서 같은 해 8.경 사이 양산시 북부동 소재 주식회사 지앤팜에서...