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(영문) 서울북부지방법원 2013.03.28 2011고단3017

업무상횡령등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From August 28, 2008 to July 29, 2010, the Defendant worked as a personal business operator C (mutual name: D) accounting employee, and managed the deposit and withdrawal.

1. The Defendant was willing to arbitrarily use the money deposited in two corporate bank accounts (Account Number E, F) and one national bank account in the name of her husband G (Account Number E, Account Number H) held on behalf of the victim for personal purposes, such as living expenses.

On September 16, 2009, the Defendant, at the D office in Jung-gu Seoul Metropolitan Government on September 15:47, 2009, transferred the amount of KRW 5.2 million to another D (C) account (F) from D (C) company bank account by means of Internet banking, and embezzled by consuming it as daily expenses in the vicinity of Seoul around that time.

In addition, from that time until July 6, 2010, the Defendant embezzled KRW 129,162,503 in total for 24 occasions by means of directly withdrawing money from the said account or transferring money from the account under the name of another D (C) to the account under the name of another D (C) or from the Defendant’s national bank account, and then withdrawing money.

2. Around 16, 2009, the Defendant forged a private document and the uttering of a private document prepared an IBK Bank Inquiry (Fund) statement with the intent to exercise the document at the above D office, stating that there remains a balance remaining in the actual balance of the DB bank account using the computer, and submitted it to the victim who is unaware of the fact.

Accordingly, the Defendant forged and used a specification of transactions in the name of the IBK Enterprise Bank, which is a private document on the certification of facts.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement of witnesses C and G in the third protocol of trial;

1. Relevant Articles 356 and 355(1) of the Criminal Act for the crime concerned; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act for the crime;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;