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(영문) 수원지방법원 2020.01.09 2019고합280
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From July 1, 2013 to March 20, 2018, the Defendant served as a member of LM in the Victim B Co., Ltd. (hereinafter “victim”) from around July 1, 2013 to around March 20, 2018, and has been engaged in the business of managing a store by having the victimized company sell and manage the designated large-scale retail outlet business partners, and by having the victimized company supply the fruits, etc. to the designated customer, and by having the said customer pay the price to the victimized company.

The defendant shall supply goods to the customer store in receipt of an order from the customer store under his/her management, such as the fruits, and shall have the customer store pay the price directly at the customer store, and shall not sell goods to the designated customer store.

On the other hand, the Defendant: (a) caused the credit sales of a designated customer to raise his/her performance and received goods from the designated customer; and (b) caused a shortage in the amount to the Defendant’s future; (c) caused a shortage in the amount to the lower price than the designated discount rate; (d) the Defendant arbitrarily sold the fruit, i.e., to the designated customer; and (e) sold part of the amount to the lower price.

Around March 9, 2018, the Defendant: (a) sold arbitrarily to H, and received KRW 2,351,520 under the name of the Defendant’s account in the name of the International Bank in the name of the Defendant while keeping the fruits, etc. produced by the damaged company in the Seoul Office of the Seoul Office of the damaged company for its business on behalf of the victimized company; and (b) embezzled total amount of KRW 832,459,932 from March 11, 2016 to March 13, 2018 by means of selling arbitrarily the fruits of KRW 832,459,932 in total in the name of the victimized company and receiving the proceeds individually.

Summary of Evidence

1. The defendant;

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