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(영문) 인천지방법원 부천지원 2019.07.03 2018고단3337
업무상횡령등
Text

Of the crimes of No. 1 and No. 2 and No. 4 in the judgment of the defendant, the crimes committed before January 5, 2015 shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On December 29, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment for a violation of the Road Traffic Act, etc. at the Incheon District Court’s Busan District Court’s Branch on August 6, 2015, and the judgment became final and conclusive on January 6, 2015. On August 18, 2017, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act at the Incheon District Court’s Incheon District Court’s Branch on November 2, 2017.

The Defendant, from February 2, 2011 to August 2017, worked as a business member at the wholesale company C of electronic equipment parts operated by the victim B from February 2, 201 to the market interest, and was engaged in the business of supplying goods.

1. From February 7, 201 to April 17, 2012, the Defendant: (a) supplied electronic parts equivalent to KRW 5,414,667, and received part of the price of supply to the company account after receiving the payment from the Defendant’s F Bank account; and (b) used KRW 1,660,675 for personal purposes at his/her own discretion around that time while receiving the payment from the Defendant’s F Bank account (G).

Accordingly, the defendant embezzled 1,60,675 won of the victim's price for supply in the course of business.

2. The Defendant, from July 10, 2013 to May 25, 2017, embezzled money for the supply of goods, was supplied with electronic parts equivalent to KRW 161,362,287, in an amount of KRW 161,362,287 to H (i) operated by the J (former trade name: I) from July 10, 2013 to August 7, 2017, and used KRW 149,690,562 of the supply price to be transferred through the F Bank account in the name of the Defendant for business purpose while the Defendant transferred KRW 129,914,376 million to the account of the victim and arbitrarily used the remainder for the personal purpose.

Accordingly, the defendant embezzled 19,776,986 won of the victim's price for supply in business.

3. The Defendant’s embezzlement of electric parts by the victim is the Defendant in order to pay the Defendant’s personal debt to K Co., Ltd. at an influence point around March 4, 2015.

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