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(영문) 의정부지방법원 2014.02.14 2014고단16

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

From February 18, 2013, the Defendant, as an accounting employee of the victim (hereinafter referred to as "victim company") E (hereinafter referred to as "victim company") company manufacturing leather in both countries, has been in charge of overall financing and accounting affairs, such as the passbook of the victim company, the corporate card management, etc.

1. On February 26, 2013, the Defendant embezzled the amount of KRW 3 million,00,000,000,000 from the victim’s company’s bank account in the name of the victim company to the passbook (Account Number:F), which is the corporate passbook in the name of the victim company, by Internet banking, and embezzled the money of KRW 3 million from the victim company’s bank account under the name of its own bank through the Internet banking. From around that time to December 20, 2013, the Defendant used the money of KRW 374,397,711 as stated in the list of crimes (1).

2. On June 19, 2013, the Defendant in breach of occupational duty had access to '11.11 Internet shopping mall' using a computer located at the victim's office, and purchased personal goods equivalent to 470,600 won, such as chairs and clothes, and paid the price with a national bank card (credit card number: H) which was the victim's corporate card in his/her occupational custody, etc. from around that time to November 11, 2013, the Defendant purchased personal goods worth 5,578,820 won in total on 27 occasions, including the content of the list of crimes (2) in the annexed Table of Crimes (hereinafter referred to as "the list of crimes"), and settled the price with the victim's corporate card, thereby acquiring the same amount of financial gains and causing property damage equivalent to the same amount to the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the accused by the prosecution (including I statements);

1. Statement of the police officer to I;

1. A complaint, a statement on the results of the transfer process, a statement on the entry into and departure from a bankbook, a free deposit account, a statement on the results of the transfer;