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(영문) 창원지방법원 진주지원 2016.04.06 2015고단205
횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 3, 2014, the Defendant served as an on-site warden at a vessel processing company E (E), a subcontractor of R (hereinafter “E”). On July 3, 2014, when R was unable to receive wages due to its default, the Defendant became the representative of E’s worker.

1. S Co., Ltd. (hereinafter “S”) intended to give up the acceptance of the non-performingR. During that process, L Co., Ltd. (hereinafter “S”) paid KRW 150 million to T (the representative of R’s workers) as consolation money for workers.

T distributed 150,000,000 won paid from “S” to respective employees of U, V, and E, including R, to pay the overdue wages of each company’s employees.

On July 13, 2014, the Defendant collected “E” workers from the entrance of the R’s factory located in Gyeongnam-gun, including Gam and X of the automatic server leader, and discussed how T will distribute 38,880,000 won to the victims (E workers belonging to “E”) under the pretext of overdue wages.

As a result, the defendant made efforts to receive the total amount of overdue wages (10 million won) on behalf of the victims and set the purpose of use between 600 to 7 million won at the attorney's expense in the process, and the remaining money was stored until the defendant received the total amount of overdue wages, and the defendant promised to divide it to the victims when he received the total amount of overdue wages.

On July 15, 2014, the Defendant received a transfer of KRW 30 million and KRW 8.8 million remitted to L to an enterprise bank account under the name of the Defendant, and was in custody for victims, and used at will, around that time, personal debt repayment, living expenses, etc. other than attorney fees.

Accordingly, the defendant embezzled the victims' property.

2. The remaining representatives of TR workers and Y(representative of U workers) shall be R rents;

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