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(영문) 의정부지방법원 2013.08.22 2013고정1708
업무상횡령
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

B The deputy head of E, F, and H have been engaged in the sales of medical devices and parts of E, and B and F in the sales division, G, and H, respectively, as employees of both countries, while B and F have engaged in the sales of medical devices and parts of the above company.

B, as a member of D, in overall control over the business division of the said company, in collusion with F, G, H, and the Defendant for embezzlement of medical devices and parts that were in the custody of business in the company, in collusion with F, G, H, and the Defendant, by receiving an order from the direct customer without management and supervision of D.

B established a company of J under the name of F, F, upon request of F in order to systematically embezzled the company's goods, and after receiving an order from a business partner, B provided a written estimate under the name of J, which is lower than the amount of the written estimate and its estimate, to the business partner, and had ordered the business partner to supply the medical devices and parts in the custody of the company to the Defendant, who is an employee, and to make embezzlement.

On June 23, 2011, the Defendant, under the direction of B and F, supplied the Victim E Co., Ltd., Ltd., a victim E-owned company, who was in business custody at the Sungnam city, with a letter of temperature equivalent to KRW 850,00,00 and embezzled it under the name of J.

Accordingly, the Defendant embezzled goods owned by the victim by performing official duties in whole or in part with G, H, B, F.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning B and F;

1. F Each police interrogation protocol dated November 6, 2012 and November 27, 2012;

1. Each police interrogation protocol of H and G:

1. A protocol of suspect examination of the police officer regarding I;

1. Each police statement of L/D;

1. A complaint, a sight table 1;

1. Application of the Acts and subordinate statutes of the schedule 2;

1. Article 356 of the Criminal Act and Articles 356 and 356 of the Criminal Act concerning criminal facts;

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