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(영문) 광주지방법원 순천지원 2013.06.20 2013고단599
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 27, 2011, the Defendant, along with the victim C, was to operate a dump truck with a truck (ju) company.

The Defendant’s dump truck, and the victim’s dump truck’s dump truck’s dump truck’s shares. The victim dump truck’s dump truck’s dump truck’s dump truck’s dump truck’s dump truck’s dump truck’s acquisition from other persons. However, the victim entered into an entry contract in the relation with the large enterprise with the Defendant as the relationship with which the victim has already registered its business in another place, and takes charge of managing dump truck’s operation after completing business registration in the name of the Defendant, and receives transport charges from the large enterprise,

Therefore, the Defendant was in the position of keeping transport charges from the above business entity for the victim who is a partner of the business.

Around July 2011, the Defendant received transportation charges of KRW 1,265,910 for June 201 from the said company, and used them for personal purposes for the victim during his/her duties, and refused to comply with the request for payment of transportation charges from the victim, etc., and embezzled them by consuming KRW 26,61,142 in the same way as shown in the attached Table 1, in total nine times from that time to December 28, 2012.

2. From June 201, the Defendant embezzled oil proceeds, from around 201, in G oil stations located in F in Mineyang-si, put oil necessary for the operation of dump trucks in the G oil stations, and settled the oil value for the preceding month with transportation charges paid by the said large-scale companies.

around March 31, 2012, the Defendant was in custody for a victim of transportation charges received from a large enterprise on his/her duty; the same year;

2.9. Departments

2. Around 28.20, at the oil station above, the above transportation charge of KRW 113,521 per cent of the oil value of one of the Hrocketing vehicles at the oil station.

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