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(영문) 서울남부지방법원 2017.01.11 2015고단1541

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2] The Defendant is a person who served from August 30, 2013 to June 18, 2014 as the field supervision of the victim E Co., Ltd. (hereinafter “victim”) located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “victim E”) and was engaged in the work of managing, supervising, and operating construction cost of the said company.

1. From October 5, 2013 to June 23, 2014, the Defendant: (a) was engaged in occupational embezzlement with the No. 100,500 won withdrawal from the cash withdrawal machine without permission of the victimized company and arbitrarily used it in cash at the site of construction in the territory of the Nam-gu Incheon Metropolitan City, the Defendant embezzled the property of the victimized company by arbitrarily withdrawing KRW 7,860,580 in total over 46 times from around that time to June 23, 2014, as shown in the list of crimes in the separate list of crimes.

2. Fraud;

A. On May 26, 2014, the Defendant against the victim G ought to install the windows and doors of the building at the victim G at the scene of the complex construction of the F State in Nam-gu Incheon Metropolitan City.

The phrase “a request to deposit KRW 10 million is made”.

However, in fact, the defendant did not think that he would use the money received from the injured party for the purpose of the Corporation, and rather, he thought that he would use it for personal

The Defendant received 10 million won from the victim to the account under the name of the Defendant’s wife H on the same day, by deceiving the victim, and received property from the victim.

B. On May 2014, each of the Defendant against the victim I and J stated that the victim I, a single business operator, would have repaid money to the victim I and the victim J, a single business operator, at a new construction site in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul. Around that time, the victim J, a single business operator, said that the victim J was the same.

However, in fact, the Defendant had a debt equivalent to KRW 30 million at the time, and around that time, there was no particular property or income because he/she attempted to discontinue his/her service in the victimized company.