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(영문) 인천지방법원 2021.01.21 2020고단8771

업무상횡령

Text

A defendant shall be punished by imprisonment for four 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

The Defendant is the representative director of the Victim B Co., Ltd. (hereinafter “victim”).

1. On May 10, 2016, the Defendant solely committed the Defendant’s crime: (a) at the damaged company’s office located in Nam-gu Incheon Metropolitan City, Dong-gu, Seoul, the Defendant embezzled the Defendant’s funds by having the employees of the victimized company pay KRW 1,185,460 as salary to the said company’s bank account (Account Number E) managed by the victimized company in the course of business from the damaged company’s account that was in the custody of business with its own children; and (b) from that time to November 10, 2018, the Defendant embezzled KRW 39,877,530 as shown in the attached Table 1/31 of the daily list of crimes from that time to November 10, 2018.

2. On December 10, 2018, the Defendant and F had F, at the office above the victimized Company’s office, take charge of the internal audit of the victimized Company’s account continuously with the same manner as that of the victimized Company’s operating funds, paid KRW 1,429,470 to the said company’s account in the name of the victimized Company’s account in the name of the victimized Company’s management in the course of business with the operating funds of the victimized Company’s account. From that point to May 10, 2020, the Defendant paid KRW 30,851,200 in the aggregate 32:49 times in the table of the crime committed in the attached Table No. D’s pay KRW 30,851,20 in the name of the victimized Company’s salary, and continuously registered its wife as an employee around October 10, 2019 and paid KRW 40,000 in the name of the said company’s account from 200 to 30,000.