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(영문) 대전지방법원 2020.10.15 2020고단1823

업무상횡령등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

On May 25, 2015, the Defendant was sentenced to three years of imprisonment for fraud, etc. in the Daejeon District Court, and the period of parole was expired on January 26, 2017 in the Chungcheong Prison. < Amended by Act No. 14839, Apr. 7, 2017>

From April 10, 2017 to March 26, 2019, the Defendant worked as the head of the management support team at the victim company D (hereinafter “victim”) who is a controlled entity of public parking lots around the Seo-gu Daejeon Hospital, Seo-gu, Daejeon, as the management support team leader, and was engaged in the management of the deposit, parking fee, etc. paid by the parking managers who concluded the parking management contract with the company.

1. On March 24, 2018, the Defendant, in breach of occupational duty, purchased two copies of G gift certificates equivalent to KRW 100,000 for personal purposes, in violation of the duty to use the corporation card only when necessary for the business of the victim company, and settled it to H in the name of the said company.

Accordingly, the defendant acquired property benefits equivalent to KRW 200,000, and suffered damages equivalent to the same amount from the victim company.

2. At around September 6, 2018, the Defendant: (a) deposited KRW 5,172,120 in the K account under the name of J from the parking administrator I entrusted with the management of Class 2 and 34 of the said parking lot by the victim company; (b) from that time until March 26, 2019, the Defendant spent KRW 61,854,200 in total for 41 times, as shown in the annexed crime list 1, which was kept for the said company; and (c) around that time, used the money for personal purposes, such as Internet gambling, etc.

Accordingly, the defendant embezzled the property of the victim company that has been in custody of business.

3. Crimes related to M retirement allowances;

A. On July 17, 2018, the Defendant drafted a draft statement to the effect that, at the office of the victim company located in Seo-gu Daejeon, the Defendant would make interim payments of retirement allowances to M, who is an employee of the said company, and submitted it to the representative directorO.

However, this is true.