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(영문) 수원지방법원 2018.12.20 2018고단2433

업무상횡령등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From June 2016 to October 2017, the Defendant, in the victim-victim D (hereinafter “victim D”) operating the business of manufacturing and selling cosmetics in Seocho-gu Seoul Metropolitan Government C 501, was in charge of the business of storing and managing passbooks, OTP cards, credit cards in the name of the victim company in the course of business.

1. Occupational embezzlement;

A. On July 5, 2016, the Defendant entered “E price” in the transaction details of the victim company’s corporate bank account in the transaction statement as if he/she paid the transaction price to the customer E of the victim company. After transferring the amount of KRW 10 million from the above account to the company bank account in the name of the Defendant, only KRW 8 million shall be transferred to E, and the remainder of KRW 2 million shall be arbitrarily transferred to the account in the name of the parent-friendly F used by the Defendant from September 1, 2017, from that time to September 1, 2017, the Defendant embezzled the amount of KRW 24,965,432 in total over 18 times, such as the crime list (1).

B. On July 4, 2016, the Defendant: (a) entered the balance of the business in the company’s corporate bank account transaction in the victim company’s transaction statement as if he paid the balance of the business to the customer of the victim company; (b) remitted the amount of KRW 7,559,090 from the said account to the Defendant’s account; and (c) embezzled the amount of KRW 52,402,20 in total on 29 occasions by transferring the remainder from the said account to the Defendant’s account to the Defendant’s account in the same day-friendly F account; and (d) using the remainder to repay the loan by transferring it to the husband’s account; and (e) by September 5, 2017, the Defendant embezzled the amount of KRW 4,866,141 in total from September 29, 2017.

(c)

After the Defendant transferred money to H, which is a party to the party’s home branch of the victim’s company, the Defendant received excessive money from the victim’s home branch, and received the money to return it for personal use, and wired KRW 1,714,010 to H’s account around September 29, 2017, and then transferred KRW 1,00,000 from H around October 2, 2017 to the Defendant’s bank account.