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(영문) 전주지방법원 2019.01.09 2018고단2245

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

A Co., Ltd. B, C limited liability company, D, and E (F) are the same companies that use the same office in Seongdong-gu Seoul Metropolitan Government G and run by H and I married couple. Defendant A entered the said Co., Ltd. on June 1, 2016 and was in charge of accounting and accounting of the entire company until December 2, 2017.

1. The Defendant was engaged in the management of books and funds by examining the accounting and accounting affairs of the victim C limited liability company as above. While managing the account of the victimized company, the Defendant used the name J account in the name of the victimized company to transfer the company’s funds to the said account and withdrawn it from the said account by taking advantage of the fact that it is a dormant account.

Around June 5, 2017, the Defendant: (a) transferred KRW 20 million from the J account (L) managed by the Defendant through Internet banking to the J account in the name of the said victimized Company; and (b) deposited in the course of business for the victimized Company; (c) voluntarily withdrawn KRW 10 million from the J sand branch located in the same Gu P on June 7, 2017 at the J sand branch located in the same Gu and used it as Defendant’s living expenses, etc.; (d) from April 11, 2017 to November 10, 2017, the Defendant arbitrarily withdrawn KRW 160,000,000 from the funds of the victimized Company located in the said account over 15 times in the same manner as indicated in the list of crimes (1) as above, and embezzled them for personal purposes, such as living expenses of the Defendant.

2. Forgery of private documents and the display of private documents;

A. The Defendant, as described in paragraph (1), was requested by the director I to use the company funds in mind, and then requested the details of transfer from the director I, and then, as if useful funds were used normally, the “C M account in D” in the facts charged of D M is obvious that it is a clerical error in the “D M account” in C.