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(영문) 광주지방법원 2019.06.11 2018고단5234

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From around 2004, the Defendant served as accounting staff in the “D”, which is a Cheong-do and retail company operated by the victim C in Seo-gu, Gwangju, and has been in charge of the order and sale of Cheong-gu, the collection and payment from customers, and the payment of taxes.

1. Around February 8, 2014, the Defendant embezzled KRW 142,018,365 in total 331 times from February 7, 2014 to December 21, 2016, by arbitrarily transferring KRW 200,00 to the account in the name of the Defendant’s title of the Nonghyup Bank (Account Number: G) and using KRW 331 in total to the said account in the name of the Defendant or another account in the name of the Defendant’s name (Account Number:H) on behalf of the victim, for the sake of the victim the sales proceeds, etc. collected from the said office.

2. Around June 9, 2016, the Defendant embezzled KRW 37,600,000 of the consignment sales proceeds received from an I Co., Ltd. from the I Co., Ltd. in the name of the Defendant and kept in custody for the victim in the course of business. Around that time, the Defendant used KRW 13,218,881 for personal purposes, and used KRW 83,002,904 in total seven times from June 9, 2016 to November 30, 2016, by arbitrarily transferring the sum of KRW 83,002,90 to the said account in the name of the Defendant or another account in the name of the Defendant (Account Number:H).

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to C and K;

1. A complaint;

1. Each deposit transaction statement, a detailed statement of deposit transactions, each transaction statement, a confirmation letter of confirmation of each electronic financial transfer result, a copy of passbook, each sales book, each standard invoice, each standard invoice, each settlement of entrusted amount, and each statement of transactions;