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(영문) 인천지방법원 2020.02.13 2018고단8515
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From February 2, 2017 to November 28, 2017, the Defendant worked as a place responsible for the overall management of marinas, such as the purchase of goods, inventory and sales, management of employees, etc., in the DNA operated by the victim C in Seo-gu Incheon, Seo-gu, Incheon, and paid the price for the goods purchased from the customer from the customer at the victim’s marina, the Defendant returned the difference to the victim as money or goods, and embezzled the sum of KRW 12,902,400 in total as follows by means of a discretionary consumption and disposal method, etc.

1. On September 18, 2017, the Defendant: (a) purchased food products worth KRW 2,600,000 from Maart Co., Ltd.; (b) made the purchase pre-sale table of KRW 4,640,000; and (c) made the victim pay KRW 1,90,000 out of the difference of KRW 2,040,000 to the customer; and (d) embezzled arbitrarily by using the FG Bank (H) deposited in the name of the Defendant’s account in the name of FG Bank (H).

2. Around October 14, 2017, the Defendant embezzled KRW 921,00,000, in a case where the Defendant purchased KRW 54,000 from a customer I in a usual trading relationship under the pretext of a reward or loan, etc., the amount equivalent to KRW 54,00,000 from the purchase price of KRW 975,00,00.

3. On November 14, 2017, the Defendant purchased 100 ambling money from J, the business partner, and embezzled 1,580,000 won to K without suffering ambling from the victim’s ambling.

4. On November 301, 2017, the Defendant: (a) purchased food materials, etc. equivalent to KRW 5,000,000 from Customer L Co., Ltd.; (b) prepared a trading list of KRW 5,000,000; and (c) had the victim pay KRW 5,00,000 of household checks to the customer; (d) returned them from the customer in charge of the transaction; and (e) exchanged them directly by the Defendant on November 30, 2017.

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