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(영문) 대전지방법원 서산지원 2016.07.07 2015고단821
업무상횡령
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

1. The Defendant committed the crime against the victim C, which was engaged in the management of the victim’s factory in Seosan City, as the head of the business division of the victim C, from February 13, 2014 to July 2014.

On March 24, 2014, the Defendant arbitrarily sold scrap iron, gold, electric wire, etc. equivalent to KRW 570,000,00, the market price of which was the victim’s possession at the above factory for the victim’s business, and embezzled the price for such sale to E by means of personal use upon deposit in the account of the Defendant’s corporate bank (F/G) around that time and using it for personal purposes, such as living expenses, etc. from that time until July 31, 2014, as shown in attached Table 1 of the daily list of crimes, until July 31, 2014.

2. The Defendant committed the crime against the victim H was engaged in the management of the said factory as the victim’s management team leader from August 1, 2014 to February 10, 2015, when the victim’s lessee was changed to the victim’s H.

A. On August 8, 2014, the Defendant arbitrarily sold scrap iron, gold, electric wire, etc. equivalent to KRW 1,450,00,00 at the market price of the victim’s possession at the above factory for the victim’s business purposes, and received the payment from the said account and used the payment for personal purposes, such as living expenses around that time, etc., from that time to January 20, 2015, the Defendant embezzled the payment for personal purposes by arbitrarily selling the scrap iron, gold, electric wire, etc. totaling KRW 17,710,00,00 in total, as shown in attached Table 2 of the List of Crimes, from January 20, 2015.

B. On October 24, 2014, the Defendant exclusively applies to E the scrap metal owned by the victim from the above plant.

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