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(영문) 서울남부지방법원 2019.02.14 2018고단5073

업무상횡령등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

From November 15, 2015 to March 25, 2017, the Defendant is a person in charge of accounting affairs, such as fund management and entrance and exit of a company, working as the director of accounting division in the victim “B stock company (Representative C)” from November 15 to March 25, 2017;

1. From November 15, 2015 to March 9, 2018, the company’s office located in Geumcheon-gu Seoul Metropolitan Government managed the foregoing company’s E Bank passbook, Internet banking-related OTP card, authorized certificate, and seal imprint book, and deposited money deposited in the account of the above passbook for the above company. On January 11, 2016, E Bank’s additional Ebank from E Bank’s account (Account NumberF) at the above company’s location, withdrawal of KRW 2,406,50 from E Bank’s account (Account NumberF) at the above company’s name and embezzled it by using it as living expenses, etc. at his/her own discretion at the Seoul Metropolitan City, etc. around that time, and then, from March 9, 2018, the company’s E Bank’s account under the name of the above company was withdrawn from 230,466,500 won in total from the E Bank account and embezzled it by using it as living expenses, etc. at that time.

2. On August 10, 2017, the name column of “B”, “B”, “B”, “B” and “B” are indicated in the name column of “B”, “B”, “B”, “B” and “a delegating person” respectively in the name of the E Bank’s name with the aim of withdrawing money deposited in the E Bank account in the name of “B”, “B”, “B”, “B” and “B” without the authority to use in the form of official approval-type pen, without the authority to use to withdraw money from the E Bank’s account in the name of “B” located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; the name of the Defendant’s personal information is stated in the “B”, “B”, a private document on the rights and obligations of the Defendant; and the name is forged;

3. immediately thereafter, the employee in charge of the above bank submitted to the J of the staff in charge of the above bank a forged application as if it was duly prepared.

Summary of Evidence

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