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(영문) 서울남부지방법원 2018.06.04 2017고단3569

업무상횡령

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

From September 4, 2007 to February 28, 2011, from August 1, 2011 to September 8, 2015, the Defendant served as the head of the customer support bureau and the director general of the customer support bureau in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “victim Company”) and was in charge of the distribution and sale of newspapers to branch offices, branch offices, etc., management of sales proceeds, and collection of local advertising.

The Defendant was in charge of the business of collecting subscription fees, etc. from the damaged company’s funds (40% of the subscription fees, remaining 60% of the above branch or branch offices are paid under the name of delivery fees, etc.) by the branch or branch office, etc., which is a newspaper delivery company of the victimized company, and was willing to use it by means of so-called “the so-called “the return prevention” or “the personal consumption” by prohibiting the Defendant from using the name of the victimized company, not the account in the name of the victimized company, but the name of the victim company, in order to receive repayment of the remote area, etc. when paying for the overdue area, etc. at the branch or branch office, etc.

1. Around January 15, 2009, the Defendant, who committed embezzlement of delivery charge in the name of the Defendant’s newspaper delivery company, used 69,000 won for personal purposes at his/her own discretion while he/she was transferred from the place of the damaged company’s office, etc. where the Defendant is working, to the account in the name of the Defendant’s relative D’s E account in the name of the Defendant’s wife, and used 69,000 won for business purposes.

In addition, the Defendant arbitrarily consumed the total of KRW 2,375,00 on 27 occasions from the above day to February 15, 201 in the following manner, as shown in the list of crimes (2) of the attached Table.

2. On November 18, 201, the Defendant committed the crime of embezzlement of the land that was collected from the “Secholand State”, a delivery company for the newspaper of the victimized company, the Defendant was at around KRW 578,000 from the “Secholand State”, a delivery company for the newspaper of the victimized company, at the location of the damaged company’s office, etc. where the Defendant works.