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(영문) 수원지방법원 2017.12.15 2017고단4929
업무상횡령
Text

The accused shall publicly announce the summary of the judgment of innocence against the accused.

Reasons

1. On April 2012, the Defendant, along with C, established D Co., Ltd. for the purpose of distributing medical materials, etc., together with C, and operated the said D Co., Ltd. as a partnership business, engaged in the business of collecting the price of medical materials.

On May 30, 2012, the Defendant requested on May 30, 2012, the office D, a corporation located in Suwon-si, Gyeonggi-do, to send the price of goods to the National Bank Account in the name of the Defendant at the F convalescent Office’s office, the customer of the said corporation, to the National Bank Account in the name of the Defendant, and the same year is under the custody of KRW 10,814,000 from the employees in charge

5. From that time to August 17, 2012, from that time, it was arbitrarily used as living expenses, etc. from the members of Gam-si around 30: (a) received total of KRW 33,335,899 on eight occasions, such as the daily list of crimes, and used KRW 26,740,59, out of which it was kept for business purposes for the victim company.

Accordingly, the defendant embezzled the property in the course of business for the victim.

2. According to the evidence duly adopted and investigated by this court, it is acknowledged that ① the victim corporation established by the defendant for operation as a partnership with C entered into a supply contract with the F convalescent Hospital for the opening of a hospital in the name of the victim corporation D, which was established by the defendant, ② the defendant purchased the pertinent goods under the name of G, which was operated by G, and supplied them to the F convalescent hospital. ③ The F convalescent hospital deposited the amount indicated in the facts charged with the Defendant’s personal account with the Defendant and paid the price for the said goods purchased in the name of G. In light of the above facts acknowledged, the price for the goods that the defendant received was used for the payment of the purchase price for the goods that the victim corporation should pay. Although the defendant paid to the purchaser via D and

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