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(영문) 수원지방법원 안양지원 2021.02.26 2020가단3404

횡령금

Text

1. The Defendant: (a) from June 16, 2018 to June 16, 2018, to Plaintiff A, and KRW 29,874,800 to Plaintiff B.

Reasons

1. Basic facts

A. The plaintiffs and the defendant-related plaintiffs A are the representative director of the plaintiff corporation B (hereinafter referred to as "the plaintiff B") and the individual business operator who operates E and F, and the defendant was working for the plaintiff B, E, and F's accounting.

B. The Defendant, upon which the relevant criminal judgment against the Defendant became final and conclusive, was indicted for occupational embezzlement of Suwon District Court Branch 2019 High Order 264, which constituted the following criminal facts, and was sentenced to a conviction of four months imprisonment with prison labor from the above court on August 22, 2019.

For this reason, the prosecutor appealed from Suwon District Court 2019No. 4820 on the grounds that the sentencing was unfair, but the above appellate court rendered a judgment dismissing the prosecutor's appeal on November 15, 2019, and the above judgment became final and conclusive as it is.

The Defendant, from January 2012 to July 2018, operated after the registration as an individual business entity by the victim A, who is the representative director of the Plaintiff A (trade name after the change: Plaintiff B; Plaintiff B; hereinafter “Plaintiff B”); and the victim A after the registration as an individual business entity.

The E and F worked for the three companies in charge of accounting, and performed the management of the funds, etc. owned by the Plaintiff B and the Victim A.

1. While the Defendant kept and managed the money owned by the Plaintiff A for the Plaintiff, the Defendant embezzled KRW 56,616,200,00 in total 31 times from around December 15, 2018 to June 15, 2018, by remitting KRW 573,200 to the new bank account (Account Number Justice) in the name of the Defendant, at the office of the K-gu Office of the K-A-A-gu Office of the K-A-A-gu, Ansan-si (Account Number I) of the company bank account in the name of the Plaintiff, and by remitting KRW 573,200 in the amount owned by the victim to the new bank account in the name of the Defendant.

2. The Defendant’s occupational embezzlement against Plaintiff B, as seen above, kept and managed the money owned by the Defendant for the Plaintiff B, and the amount owned by Plaintiff B, which was kept in the company bank account in the name of the Bank in the name of the Bank of Korea (K) in the office listed in the foregoing paragraph (1) on October 28, 2016.