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(영문) 의정부지방법원 2014.09.18 2014고정591
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who works for a company run by the victim C while engaging in the business of managing the prices of goods of the company.

The Defendant, while working in D Company, supplied goods, such as protective beds, tools, etc., to Korea-U.S., but supplied them under the name of E Company. The Defendant received the payment from Korea-U.S. Energy Management Corporation to the account in the name of E Company, and paid the payment to the D Company. However, the Defendant was willing to pay the personal debt that the Defendant has to pay to F to the representative of E Company as part of the price for supply.

On November 26, 2012, the Defendant received KRW 7,993,920 from the Korea-U.S. Energy Management Corporation to the account under the name of the E company and embezzled the amount by allowing F to withdraw and use the amount to pay the Defendant’s personal debt at around that time.

2. On December 11, 2012, the Defendant: (a) at the D Company’s office located in Jongno-gu Seoul Metropolitan Government, received all of the price of supplied goods from the said D Company’s office, and used part of the price of supplied goods at will; (b) did not deposit the price of supplied goods to the said C for reasons such as the suspension of payment; (c) without authority for exercising the authority to demand the payment of the price of supplied goods from the said C; (d) on December 1, 2012, the Defendant sent the item column by using the said computer for the purpose of exercising the authority to demand the payment of the price of supplied goods; and (e) on December 1, 2012, the payment of the price of supplied goods was delayed on December 1, 2012 (30,470,000), October (7, 993,920), December 31, 2012; and (e) on December 13, 2012.

“.... the nominal column....

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