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(영문) 의정부지방법원 고양지원 2016.02.16 2015고단2443
업무상횡령등
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

B: (a) From around December 1, 2009 to February 28, 2013, the head of the managing office of Goyang-gu Etel; and (b) Defendant A, from April 1, 201 to February 28, 2013, were employed as the head of the managing office of the above officetels; (c) voluntarily withdrawn the management expenses owned by the victim Etel management body while engaging in the business of collecting and disbursing management expenses; and (d) intended to compile receipts under the name of the trading company and to file them with the disbursement resolution by forging the receipt as if the said office were duly paid to the trading company.

1. On April 9, 2011, the Defendants directed Defendant B to “I” to “I d. to deduct the management expenses.” Accordingly, Defendant A prepared a false disbursement resolution and received the seal of B, and voluntarily withdrawn KRW 38,500 out of the management expenses that the Defendants kept for the purpose of managing the victim Etel, and then consumed the Defendants’ personal use, such as living expenses, at the Goyang-siwon around that time.

As a result, the Defendants conspired to embezzled KRW 38,50,00 for the management expenses owned by the victim and embezzled the total amount of KRW 24,462,20 through 143 times from around the above day to December 30, 201 as indicated in the list of crimes in the separate sheet of crimes.

2. The Defendants were instructed as follows: “The documents shall be prepared, and Defendant B shall be subject to d.,” Defendant A shall be marked as “38,500” in the column of “the date of preparation,” and “38,500” in the total amount of the cost of supply, and the name of “F, trade name: F, name: H: G restaurant, name: H, location, and type of business: restaurant business, restaurant business, and type of food: type of food business in Gyeyang-gu, Gyeonggi-do.”

As a result, the Defendants conspired to exercise their rights.

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