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(영문) 청주지방법원 2017.04.25 2016고단2190

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 10, 2013 to March 17, 2016, the Defendant is a person who receives and provides credit services with the victim’s “C” clerk located in Pyeongtaek-gun, Chungcheongnam-do.

1. On September 16, 2013, the Defendant: (a) at the foregoing C Office’s office around September 16, 2013, the deposit owner KRW 5,908,906 was kept in the custody of the Defendant for the purpose of the Victim C; (b) at his/her discretion, he/she made a distribution slip of KRW 2,500,000 on the same day; and (c) entered it in the pre-handling terminal; and (d) electronically kept by the Defendant at will

D’s withdrawal of KRW 2,50,00 from the automatic cash payment machine installed in the above C using the above passbook and password, and then embezzlement by using the loan repayment, online game item purchase, etc., and then using it for personal purposes, from August 2, 2014 to August 2, 2014, 33,090,000 won in total over 41 times, such as (1) in the crime sight table.

2. The Defendant, at the same office around January 14, 2014, embezzled KRW 136,654,390, total sum of KRW 1136,654,390, from that time to January 28, 2016, using a deposit slip with the deposit owner G prior signature and seal affixed to the deposit owner G on the same day while the Defendant kept 10,000 won in the said office for the victim C, and embezzled 4,200,000 out of the said amount for personal purposes, such as the purchase of online game items, etc., and embezzled from that time to January 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to I and J;

1. The detailed statement of occupational embezzlement, the detailed status of occupational embezzlement, the details of deposits and withdrawals from D deposits, and additional data (the detailed statement of deposits and withdrawals from K deposits of association members);

1. Application of Acts and subordinate statutes to the investigation report [the confirmation of the criminal suspect, and the amount of embezzlement (50,000 won) on July 28, 2014]

1. Relevant Articles of the Act concerning the facts constituting the crime;