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(영문) 서울서부지방법원 2019.05.30 2018고단4338

업무상횡령등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for nine months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A from November 2015 to December 20, 2017, at the fifth floor of Yongsan-gu Seoul Metropolitan Government, worked as the head of the aviation team team of the victim D Co., Ltd. established for the purpose of medical tourism and enterprise training and business travel, etc. on the fifth floor of Yongsan-gu building C, and was in charge of overall control over the reservation of aviation tickets, rights to purchase tickets, etc., and Defendant B has worked as the head of the business team of the victim Co., Ltd. from December 14, 2015 to June 2018.

1. The Defendants were the employees of the victim company, so if they received the request for the issuance of airline tickets through business, they had the duty to receive the airline tickets price and deposit it to the victim company.

Nevertheless, the Defendants, in violation of their occupational duties, concluded that the victim company failed to pay the proceeds to the company after the issuance of the airline tickets or arbitrarily used the airline tickets price received by the victim company by arbitrarily inputting the computer system, which is a computer system that printed out the management of outstanding amounts by taking advantage of the fact that the victim company was negligent in managing the outstanding amounts due to the business difficulties of other employees, etc. while being in charge of the business affairs and business affairs of the company, and entered false passenger information into the "Bek", which is an electronic computer system that claims airline fees, and manipulating false information into the "Beking", which is a computer system that claims airline fees to the victim company, or falsely inputs the right to issue false cards as if the card was issued, thereby making it impossible to properly manage the attempted claims of the victim company.

On March 14, 2016, the Defendants in breach of occupational duty in the above victim’s company office, in violation of the Defendants’ occupational duties, and Defendant B requested Defendant A to have the right of issuance of Chapter 1 of the Berne Aviation Authority. Defendant A is the victim’s company’s funds after the right of departure in cash.