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(영문) 대구지방법원 2014.06.26 2013고단6275
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 16, 2001, the Defendant joined the Korea Transportation Agency Co., Ltd. (hereinafter referred to as the “victim”) and, from March 201 to November 14, 201, worked as business employees at the victim company D business offices located in Daegu Northern-gu Seoul Northern-gu, and sold the products of the victim company to the wholesaler and received the price from the wholesaler to deliver it to the victim company.

The Defendant received KRW 80,595,155 from his full-time officer to take over KRW 80,59,15 from his/her full-time officer on March 2010 and began to work as an employee, and sold the amount equivalent to KRW 68,707,671 of the products of the victim company to a wholesaler for three months from March 2010 to November 14, 2012 as shown in the List of List, and received total amount of KRW 2,318,434,50 from March 2010 to November 14, 2012, and received payment in cash or deposited into the bank account in the name of the Defendant.

The Defendant sold products at a discount of KRW 151,916,50 in order to achieve the performance of the company’s work from around March 2010 to around November 14, 2012, the Defendant sold products to the wholesaler at a discount of KRW 151,916,50. Since the account receivables that have not been deposited by the purchaser out of the sales amount were KRW 7,050,201, the total amount of the products sold at a discount of KRW 2,318,434,550, and the total amount of the account receivables of KRW 80,595,155, and the total amount of KRW 2,399,020,705, and KRW 151,916,509, and KRW 2,240,062,995, but delivered KRW 2,585,09,090,000 to the victim company for personal consumption for the aforementioned period.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. The indication of the accused in part of the second suspect examination protocol by the prosecution (including the E’s statement);

1. A certificate of transaction related to credit sales, a statement of passbook, a statement of national bank, and a confirmation of facts under the law.

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