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(영문) 청주지방법원 2014.09.30 2014고단386
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, from November 29, 2009 to June 19, 2013, worked as the head of the division in the car parts sales company of the victim C, “E” operated by the victim C, who is located in Cheongju-si from November 29, 2009 to June 19, 2013.

Although there was a separate bank account in the name of “E” that manages the price of goods of the above company, the Defendant demanded the customer operator to transfer the price of parts to the account in the name of the Defendant’s personal name, and had the customer use the amount of parts transferred to the account in the name of the Defendant for entertainment expenses and personal debt repayment.

On January 12, 2010, the Defendant demanded G operating an automobile maintenance business entity, “F,” which is a customer of “E, to transfer the cost of parts to an account in the name of the Defendant, and demanded F to transfer KRW 1,251,00,00 in the name of the price of goods supplied for automobile parts from “F,” to an enterprise bank account in the name of the Defendant, and used the money for personal purposes, such as entertainment expenses, personal obligations, etc., from “F,” during the course of performing duties for the victim.

In addition, from January 12, 2010 to June 4, 2013, the Defendant consumed KRW 313,66,371 in total for the supply price of motor vehicle from eight motor vehicle maintenance business entities, which are customers of the victim, on a total of 242 occasions, as indicated in the attached list of crimes, in mind, while the Defendant was in the custody of the victim for his/her business on behalf of the victim, with the payment of entertainment expenses, personal obligations, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant (the purport that there is any fact that some of the victim's money is useful);

1. Each legal statement of C, H, I, J, K, and L;

1. Partial statement of each prosecutor's protocol of examination of the accused against the accused (including theC statement part);

1. Each prosecutor's statement concerning C;

1. The police statement of M;

1. An investigation report (N industry personnel I telephone conversations), an investigation report (O industry personnel H telephone conversations);

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