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(영문) 인천지방법원 2014.12.23 2014고단6277
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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, from May 20, 2013 to September 2013, was in charge of managing the company’s construction order and field as a regular manager of the victim C Co., Ltd.

1. Occupational embezzlement;

A. On May 24, 2013, the Defendant received KRW 20,000,000 from the supervising company E, a company, to transfer to the victim company, at the C office located on the third floor of the building in Gangnam-gu Seoul, Seoul, and embezzled the amount of KRW 20,00,000,00 on July 5, 2013, which was under the business custody of the victim for the victim. At that time, the Defendant used the said KRW 40,00,000 for voluntary consumption by the Defendant’s debt repayment, etc. without delivering the victim to the victim.

B. On September 30, 2013, the Defendant: (a) transferred KRW 1,205,200 from F, a company leasing construction materials, to a corporate bank account under the name of the Defendant’s name for the return of lease deposit; and (b) embezzled the money by voluntarily consuming it to the Defendant’s living cost, etc. without paying the said money to the victim around that time.

2. The Defendant in breach of occupational duty has the duty to set the contract price with the subcontractor in managing the subcontractor company of the said victim company.

Nevertheless, on June 14, 2013, the Defendant, in violation of the above duties, entered into a contract for a construction project with the ethyl T&A, a subcontractor for G on-site metal construction, at the office of the Defendant, in addition to the construction cost of KRW 40 million,00,000, in addition to the construction cost of KRW 40,000,000, and received KRW 16,000,000 from the L&A, which was delivered from the L&A, on June 14, 2013.

As such, the Defendant violated his occupational duty, thereby causing property damage to the victim company, thereby acquiring property profit equivalent to the same amount.

B. Nevertheless, the Defendant violated the above duties, thereby doing so at the office of the firstman on June 2013.

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