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(영문) 서울서부지방법원 2016.04.28 2015고단2257

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight 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 June 2013 to March 2015, the Defendant worked as a person in charge of business and customer management in Seodaemun-gu Seoul Metropolitan Government Victim D (Representative Director E) Co., Ltd. (hereinafter referred to as Seodaemun-gu Seoul Metropolitan Government Building 318 and 309, and was engaged in the business of collecting principal and interest from customers.

1. When the Defendant collects interest from the customers who have entered into a loan transaction contract with the victim company, he/she shall receive the payment of interest from the bank account (SC) (F) of the victim company as the bank account (SC). However, around February 26, 2014, the Defendant, at the above company office, posted a telephone to G who is the debtor at the above company office, and made a payment of interest on the annual interest. The money should be deposited into the H account of the National Bank (title A).

“The phrase was made.”

As a result, the Defendant, who received 60,000 won from the above G to the above national bank account, and kept in custody for the victim company at around that time, embezzled by arbitrarily using living expenses, sports sports betting expenses, personal debt repayment, etc. at the place of residence, and embezzled total of 39,862,985 won by the same method until March 5, 2015, as shown in the list of crimes in the attached list of crimes, in the same manner.

2. Around December 29, 2014, the Defendant received instructions from I, an actual operator of the victim’s company, that “I would receive the successful bid price due to the completion of an auction for a single house by the debtor J, and therefore, receive the dividends of the K case from the Chuncheon District Court.”

On the same day, the Defendant applied for the withdrawal of dividend as a proxy of the victim company and received KRW 28,398,186 from the above national bank account in his/her name to the above national bank account, and deposited KRW 10,000,000 for the victim company, and the remaining KRW 18,398,186 for the victim company was embezzled by using around that time by means of living expenses, sports sports sports sports sports betting expenses, personal debt repayment, etc. in his/her residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;