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(영문) 수원지방법원 성남지원 2015.09.03 2015고단42
업무상횡령등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

The Defendant is a person who works as a vice head from January 16, 2006 to May 19, 2014 as a person who has been engaged in overall control over the purchase of materials, production, sale, quality control, etc. while working as a vice head in D D D D (hereinafter “D”).

The Defendant did not reside in China by the president, etc. of E, who is the above D’s management, and did not arbitrarily use the company’s funds in collusion with the FGG that took overall charge of the management of D’s funds.

1. The Defendant sold by-products from around 2008 to August 2012, 2012, and collected approximately KRW 40,800,000,000 from customers, and voluntarily consumed them for personal purposes, such as living expenses, together with F.

2. From June 2010 to December 2010, the Defendant: (a) instead of having D purchased SIREN from G, the Defendant: (b) had D prepare and submit a false sales tax invoice in the name of G five times; (c) had D receive KRW 52,65,800 as the price for the goods; (d) had D receive the false sales tax invoice in the name of G; and (e) had D receive it again from G and kept in custody for the said D; and (e) had F arbitrarily consumed it for personal purposes, such as living expenses.

3. From October 14, 201 to May 25, 201, the Defendant voluntarily consumed the amount of KRW 8,933,500 for goods for the said D, which was kept for business purposes, with F around that time, from around October 14, 201 to around May 25, 201.

4. The Defendant: (a) from May 201 to June 2012, 201, G had 14 occasions sell a total of 7,500 (7,500) monthly sales from 14 months to 14 times; and (b) had D prepare and submit a false sales tax invoice in the name of G; and (c) had D pay KRW 14,280,000 as the price for goods.

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