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(영문) 서울서부지방법원 2020.05.06 2019고단4467

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From January 2009, the defendant has been engaged in personnel affairs and various benefits payment affairs of the above company as the general team leader of the human resources management team of B (representative E) corporation (representative E) who is the victim of building C in Yeongdeungpo-gu Seoul Metropolitan Government.

1. The Defendant, on July 15, 2016, embezzled the method of paying wages to a person who does not actually work, paid KRW 2,015,790 in monthly salary by falsely copying F as an employee of the said company, and then embezzled the victim’s property in custody by voluntarily consuming it from F, which was returned to the Defendant’s account or cash again from F, and subsequently consumed at his/her own discretion during that time, as indicated in attached Table 1, from July 8, 2016 to September 14, 2018, and paid KRW 56,547,676 in the same manner as indicated in attached Table 1.

2. On October 20, 2017, the Defendant, who received excess benefits, etc. and consumed voluntarily, embezzled the victim’s property kept in his/her business by returning KRW 7,410,753 in total, from August 14, 2018, such as monthly wages and retirement allowances paid in excess as shown in the attached Table 2, from the time when he/she was paid monthly wage to G employees of the victim company, but returned KRW 105,275 in excess of monthly wage to the Defendant’s Hbank account and arbitrarily consumed it without returning it to the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Records or particulars of each account transfer (number 2 through 10, 13 through 17, 23, 27, hereinafter referred to as the "general defense record number")

1. An application form for calculation of each retirement allowance (1.12), a statement of estimated amount of retirement allowance (18), a benefit ledger (19), a wage ledger (20), the settlement of retirement allowance in 2015 (21.22), each head of Tong/Ban (24), Hbank, K Bank, corporate bank, and L Account Details in the name of the suspect;