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(영문) 대구지방법원 서부지원 2015.07.02 2015고단293
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From April 12, 2012 to August 31, 2013, the Defendant was engaged in financial affairs, personnel affairs, and quality control in Daegu Seogu-gu, Daegu-gu, and the victim (State) D of C operation as the chief of the general affairs division.

1. On May 8, 2012, the Defendant embezzled 42,516,00 won over 17 times in total, as shown in the annexed crime list, from around that time to August 30, 2013, when he/she was in the occupational custody of KRW 1,518,00 for the purchase of office computers for the said company. The Defendant embezzled 42,516,000 through 17 times as shown in the annexed crime list from that time to August 30, 2013.

2. Occupational breach of trust;

A. A. Around June 2013, the Defendant confirmed the defect of a product in order to process the goods sold at the above office, and obtained a normal approval, and received a return of the goods and received a return of the price, despite the existence of an occupational duty to do so, in violation of the said duty, five months have passed since sold to promote the interest of E, which is the customer, and received a return of the goods in an amount equivalent to ten million won, without any defect of the products, and then transferred the goods to the Agricultural Cooperative Account (Account Number F) of the same person on July 8, 2013, thereby obtaining pecuniary benefits equivalent to ten million won from the said victim.

B. On July 29, 2013, the Defendant, at the foregoing office, violated his/her duty to pay retirement allowances equivalent to the amount of training for the retired employee, in order to promote the interests of the retired employee G who already received the total amount of retirement allowances, remitted 4 million won from the seat to the company bank account (Account Number H) in the name of the same person, thereby obtaining pecuniary benefits equivalent to 4 million won to the said employee, and suffered damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1.The payment note, each remittance statement, investigation report (C Confirmation).

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