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(영문) 수원지방법원 안산지원 2019.06.26 2019고단1513
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From January 2005, the Defendant has been working as the head of the business division C in Ansan-si, the victim Co., Ltd., which is located in Ansan-si, Group B, and has been engaged in the sales and collection of fences products.

On July 15, 2016, the Defendant: (a) transferred the said money to the FF Bank account (G) account in the name of the Defendant’s wife managing the Defendant’s 1,200,000 won from the trader D of the victim company that purchased fences of the victim company at the above victim company’s factory; and (b) had the Defendant keep the said money in custody for the victim company for business purposes, the Defendant arbitrarily consumed the said money by living expenses, etc. without remitting it to the victim company at the Defendant’s residence, etc. located in Ansan-si, Ansan-si.

In addition, from around that time to June 29, 2017, the Defendant arbitrarily consumed the said money without remitting it to the victim company, even though he/she received a total of KRW 474,433,100 from trading companies, such as D, who purchased the victim company's fences products, and received a transfer of total of KRW 474,433,100 in the name of the purchase price for the victim company, on 302 occasions.

Accordingly, the Defendant embezzled 474,433,100 won in total, which is kept for the victim company in breach of occupational duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Data submitted by the I, including details of account transactions, etc., details of each account, details of account transactions, details of account transactions, etc.;

1. Detailed lists of transactions, copies of a request for order shipment, submission of evidence, materials related thereto, E family relation certificates, and removal copies;

1. An investigation report (in addition to details of account transactions), an investigation report (in addition to details of account transactions submitted by theJ of a suspect), an investigation report (in relation to K-related embezzlement, as to the preparation and attachment of sights), an investigation report (in relation to A-related embezzlement, submission of monetary records, submission of monetary records), an investigation report (in addition, submission of additional documentary evidence by the complainant), an investigation report (in addition, submission of H statement by the complainant);

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