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(영문) 서울서부지방법원 2014.09.03 2013고단2794
업무상횡령
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant: (a) from October 2010 to November 201, 2012, engaged in the business of purchase, delivery, business, etc. while working as a regular business in the “A” manufacturing business chain Co., Ltd. E; (b)

Around August 2011, the Defendant: (a) loaded, and kept for business purposes, in G warehouses located in the Seo-gu Incheon, Seo-gu, Incheon, before the shipment of finished products of fish materials owned by the Victim (E)E into the said warehouse, before the shipment into the State Ha; (b) released 60 tons of fish materials to the State Ha; and (c) transported them to I and sold them to the scrap metal.

In addition, from August 201 to August 2012, 201, the Defendant arbitrarily sold approximately KRW 220 million of the market price of the victim’s possession in G warehouse or J warehouse and embezzled it by selling approximately KRW 30 million in excess of 30 million.

2. Defendant’s assertion and judgment

A. The Defendant asserts that, among the excess materials supplied to H, K (H’s purchase team leader) only sold the excess materials owned by H, which caused the disposal of defective goods, with the scrap metal, and that there was no fact that the excess materials kept in G or J warehouse sold them into scrap metal.

B. Determination 1) On November 6, 2013, the Defendant, based on the evidence duly admitted and investigated by this Court, violated the Act on the Occupational Embezzlement and the Punishment, etc. of Specific Economic Heavy Punishment, Etc. (the imprisonment of four years was sentenced for fraud, and the judgment was finalized on August 20, 2014, and the facts constituting the crime are as follows.

From January 201 to August 23, 2012, the Defendant in collusion with K, an executive officer of the purchase team of the K K in the K in charge of the L in question, and the said K entered the goods into the computer as if the excess materials supplied in E were normally stored, and then separately deducted them, and the Defendant arbitrarily sold them to the delivery vehicle, and embezzled them by selling them in scrap metal, a approximately KRW 338 tons of the supply price owned by the K in charge of the L in which the Defendant arbitrarily sold them, and H was actually supplied by the K in charge of the L in fact.

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