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(영문) 광주지방법원 해남지원 2019.10.31 2019고단319

업무상횡령

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant has been serving as the head of the reservation office in D operated by the victim C from September 2, 2012 to July 2015, 2015.

1. On February 28, 2015, the Defendant: (a) received KRW 2,600,000 in cash from D office as wedding expenses; and (b) used KRW 1,700,000 as wedding expenses, etc. for the victim and consumed the remainder of KRW 90,000 for personal purposes, such as reimbursement of debts, etc., while keeping the victim’s business.

From around that time to June 13, 2015, the Defendant consumed total of KRW 20,150,000 for personal purposes, as shown in attached Table 1, which had been kept on duty for the victim 13 times in total.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

2. The Defendant embezzled money from September 2014 to July 2015: (a) received a total of KRW 11,310,000 from the victim’s office in cash as the price to be paid to F, a trader, and kept in custody for the victim; (b) around May 2015, the Defendant paid KRW 9,070,000 to F for the victim; and (c) consumed the remainder of KRW 2,240,000 for personal purposes, such as repayment of debt.

From around that time to July 2015, the Defendant consumed the total sum of KRW 26,546,00 for personal use, as shown in Schedule 2 of the Crimes List.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

3. Around October 2012, the Defendant: (a) received KRW 800,000 in cash from D office from G, a customer, for additional food expenses; (b) deposited money into the H bank account (I) in the name of the Defendant; and (c) consumed the money for personal purposes, such as repayment of obligations.

The defendant from around that time to June 20, 2015 is attached Table 3.