beta
(영문) 대전지방법원 2018.01.09 2017고단2377

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Basic Fact-finding] The Defendant, while taking charge of the accounting affairs of D903 in the Daesung-gu, U.S. C., was in possession of a corporate bank deposit passbook (F) and a bank deposit passbook (G) in the name of the victim in the Dispute Resolution Co., Ltd., had been in possession of a bank deposit passbook in the name of the victim in the Dispute Resolution Co., Ltd., with the intent of

[Criminal facts]

1. The portion that has withdrawn five million won from a corporate bank;

A. On June 28, 2016, the Defendant entered “F”, “F million won”, “D”, “F”, as the case may be, in the column of the account number on the IBK’s entry and departure slip, signed by the head of the corporation at the seat of the IBK Bank according to the Seo-gu Daejeon, Seo-gu, Daejeon.

Accordingly, for the purpose of uttering, the Defendant forged the IBK Visits list in the name of the State E, which is a private document on rights and obligations.

B. The Defendant, at the time and place specified in the preceding paragraph, submitted to an employee of the bank, who was unable to know that he/she was forged, a forged IBK deposit and withdrawal slip as if it were genuine.

(c)

In order to withdraw the deposit account in the name of the Dispute Resolution Co., Ltd., the Defendant: (a) was an employee in charge of the business embezzlement management, who has kept the passbook, etc. of the said company, and has been engaged in the business affairs such as accounting; (b) in the date and place specified in the preceding paragraph, the Defendant withdrawn the deposit without the prior approval of the representative director H, and used it for personal purposes; and (c) arbitrarily withdrawn the deposit from the IBK Bank account in the name of the Dispute Resolution Co., Ltd., and used it for personal debt repayment, etc.

2. From June 28, 2016, the Defendant: (a) was an accounting employee of the Daejeon Sung-gu, Daejeon, Daejeon, to keep the passbook, etc. of the said company; and (b) has been engaged in business affairs such as accounting.

On August 5, 2016, the Defendant issued a letter of credit for a bank account (G) and a certified certificate in the office of the above company.