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(영문) 인천지방법원 2016.03.09 2015고단3056
업무상횡령등
Text

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

Reasons

Punishment of the crime

【2015 order 3056】

1. The Defendant has been engaged in delivery and collection duties of the said company as an employee of E, a fishery products distributor operated by the victim D, in the Nam-gu Incheon Metropolitan City, Nam-gu, from the beginning of June 2014 to the end of December 2014.

On June 5, 2014, the Defendant supplied 12 gamblings to the “G”, which is a business partner in Bupyeong-gu, Seocheon-gu, Incheon, and deposited KRW 700,000,00 in the accounts of the Defendant’s Saemaul Treasury passbook (H) and stored for the victim, and around that time, used the money for personal purposes such as repayment of debts and living expenses.

The Defendant, including that, from around that time to December 30, 2014, received a total of KRW 40,081,900 from the above passbook account over 112 times, such as the list of crimes in the annexed sheet, and embezzled by consuming it for personal purposes, such as living expenses, etc. at the city of Incheon.

2. Although the Defendant, as an employee E, was engaged in the business of collecting funds from the above companies, there was no delegation from the representative D of the above company with regard to the claims arising in relation to the collection of funds.

On September 28, 2014, the Defendant confirmed that the total amount of money received as of September 29, 2014 was KRW 54,314,000 in the form of a written agreement on the termination of goods at the J office located on the sixth floor of building I in Nam-gu Incheon Metropolitan City.

“2.2. Of the total amount referred to in paragraph (1) of the preceding paragraph, “A shall agree to pay KRW 37,000,000,000,000,000, in an amount of compensation for damages paid to A, based on a logistics supply agreement drawn up on June 12, 2014, for enormous damages suffered by A due to reasons not supplying the goods to B,” and the following “A” shall read as “A” and “A” shall read as “the five-story wholesale, manufacturing, and restaurants of the 5th floor of the Jin Incheon Metropolitan City I building, Seoul Special Metropolitan City, and the public restaurant.”

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