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(영문) 서울중앙지방법원 2020.04.09 2019고단6010
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who has the headquarters B and C, and the headquarters of the Republic of Korea in Gangnam-gu Seoul Metropolitan Government D Building E and has been in charge of general business at the business office of the victim FF Co., Ltd. (F representative G; hereinafter “victim Co., Ltd.”).

1. In transporting 3D printers, etc. to consumers using the fact that all executives of the victim company’s head office reside overseas and manage the domestic business in a foreign country, the Defendant actually paid 30,000 won from 30,000 won per case using the "H" company. However, the Defendant issued a false tax invoice by having the victim company pay the transportation cost of KRW 00,000 for each case using the transportation company "K" and "L", which do not actually operate only under the name of the Defendant's female female I and the J, and attempted to pay the transportation cost of KRW 10,000 for each case, and then have the victim company spend the transportation cost and use the money generated therefrom for personal consumption.

Notwithstanding that the Defendant did not use “K” and “L” for the cargo delivery at the time of delivering 3D printers to the customer at the office of the injured company’s business in the Republic of Korea, the Defendant used “K” as shown in attached Table 1, as shown in attached Table 1, from August 26, 2016 to 2018.

6. From May 25, 2015 to January 15, 2017, a total of KRW 311,501,800 was issued, and thereafter a total of KRW 330,240,600 was embezzled by consuming the amount for personal purposes, such as Defendant’s living expenses, etc., by using “L” as indicated in attached Table 2. From May 25, 2015 to January 15, 2017, a total of KRW 18,738,800 was issued and remitting a total of KRW 330,240,60 to a “L” account.

2. The Defendant in occupational breach of trust.

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