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(영문) 광주지방법원 해남지원 2019.10.17 2019고단250
업무상횡령등
Text

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

Reasons

Punishment of the crime

1. From November 25, 2018 to February 14, 2019, at around 19:41 on December 13, 2018, the Defendant: (a) committed theft by taking out and thefting 33 km of the market price equivalent to KRW 1,320,000 owned by the victim and taking out 33 km of the total market price in the victim’s possession from around 1,320,000; and (b) brought about nine times in total the market price of KRW 35,20,000 that was owned by the victim from around 25, 200 to February 14, 2019.

2. The Defendant was engaged in the business embezzlement of the victim D&C corporation (representative E) operated by the victim D&C from October 23, 2018 to January 23, 2019 and engaged in the business of delivery and collection of b/her uniforms from January 23, 2018 to January 2019.

On January 31, 2019, the Defendant delivered KRW 9,750,000 of total market value owned by the victim to H operated by G in Busan District F, Busan District.

On February 3, 2019, the Defendant received KRW 5,250,000 from G to the International Association account under the name of the Defendant and used KRW 5,250,000 for personal purposes, such as living expenses, etc. around that time when he/she was in custody for the victim.

In this respect, the victim's property while on duty of the defendant was embezzled.

3. From October 23, 2018 to January 23, 2019, the Defendant was engaged in the business of delivery and collection of bombs of the victim D&C corporation (representative E) operated by Dondonnam-gun B, and therefore, there was a duty to receive and deliver the bombs for the victim after the delivery of bombs owned by the victim.

On January 31, 2019, the Defendant delivered the total market value of KRW 9,750,000 (300 km) equivalent to the total market value of KRW 9,750,000 owned by the victim to H operated by G in Busan, Busan, the Defendant acquired the pecuniary benefits equivalent to that of the Defendant by arbitrarily offsetting the Defendant’s obligations to G.

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