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(영문) 수원지방법원 2014.12.19 2014고단3017

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

From August 31, 2006 to July 2008, the Defendant worked as the president of the Victim D Co., Ltd. and took overall charge of the business affairs of the company.

At around 10:51 on June 13, 2007, the Defendant received funds from the clients, such as receiving 220 million won as proxy expenses from the company bank account (Account Number E) in the name of the victim, and had them keep in custody for the victim.

1. On June 13, 2007, at the above company office located in Geumcheon-gu Seoul Metropolitan Government Office, the Defendant ordered the management team leader G of the above company to withdraw KRW 130 million in cash from the above company bank account from the above company's bank account and let him use KRW 100 million in the above company's additional digital center of the company bank located in Geumcheon-gu Seoul Metropolitan Government at around 12:02 on the same day, and around 12:02 on the same day, the Defendant used KRW 30 million in the above company's additional digital station of the company bank located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu at around 371-28, and then used it for personal use at that time.

2. Around August 6, 2007, the Defendant received from the above company office a withdrawal of KRW 19 million from the company bank branch of the company bank located in Seocho-gu Seoul, Seocho-gu, Seoul, at around 16:34 on the same day from G in the same manner, and used it for personal purposes around that time.

3. On August 8, 2007, around 16:08 of the same day from G to the above company office, the Defendant, at around 16:08 of the same day, received the withdrawal of KRW 19 million from the Seocho-gu Seoul Metropolitan Government Enterprise Bank's Seocho-dong 1599-11, and used it for personal purposes around that time.

4. Around August 9, 2007, the Defendant received from the above company office a withdrawal of KRW 19 million from the business bank South-gu Seoul Jung-gu Branch of the Enterprise Bank located in 6-1, Jung-gu, Seoul, with the same method around 13:15 on the same day, and used it for personal purposes around that time.

The defendant is on duty.