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(영문) 창원지방법원 2020.08.12 2020고정51

업무상횡령등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from December 22, 2017 to November 30, 2018, served as the head of the management headquarters of the victim C Co., Ltd. located in Masung City B from November 22, 2017, and was in charge of the duties of using the funds and the corporate cards of the victim company for the purpose of performing the duties of the victim company.

1. On June 4, 2018, the Defendant embezzled the Defendant’s occupational embezzlement by arbitrarily transferring KRW 100,000 to the account in the name of the Defendant’s mother D while keeping the funds of the Victim Company in the course of business.

2. On March 19, 2018, the Defendant in breach of occupational duty: (a) around 15:40 on March 19, 2018, at the F dental clinic located in Seongbuk-gu, Sungnam-si, in violation of his/her occupational duty, paid 4.50,00 won of the Defendant’s wife H’s medical expenses with the credit card of the victim company’s G bank; and (b) from that time to September 5, 2018, the Defendant acquired a total of KRW 1,067,640, and incurred property damage equivalent to the amount of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of a witness I;

1. Application of Acts and subordinate statutes on the use of corporate cards, details of account transactions, and embezzlement of corporate accounts;

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement), Articles 356 and 355(2) of the Criminal Act (the point of occupational breach of trust), and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On February 27, 2018, the Defendant: (a) while the Defendant’s wife did not work as an employee of the victim company, while he had kept the funds of the victim company for business purposes, he arbitrarily transferred KRW 500,000 from the G bank account in the name of the victim company to the G bank account in the name of H to the G bank account in the name of H; and (b) embezzled from that time until November 1, 2018.