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(영문) 수원지방법원 안양지원 2018.12.07 2017고단2460

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On February 16, 2016, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for occupational embezzlement at the Suwon Friwon, and the above judgment became final and conclusive on May 12, 2016.

[2] The Defendant actually committed the victimized company as the actual representative director of the Victim B Co., Ltd. (hereinafter “victim”) from October 5, 2012 to December 16, 2016.

1. The Defendant’s sole criminal defendant, as the actual representative director of the victimized company in Ansan-si from October 5, 2012 to December 16, 2016, has overall control over the financial and management of the said company and operated the victimized company.

On November 6, 2014, the Defendant: (a) transferred KRW 2,000,000,000, which is owned by the victimized Company for the operation of the victimized Company; and (b) transferred from the D Bank Account under the name of the victimized Company to the D Bank Account in the name of the D Bank Account; and (c) arbitrarily disbursed the Defendant as the attorney fee for the criminal case of occupational embezzlement to the Defendant; and (d) consumed it for personal purposes

From around that time to February 5, 2016, the Defendant spent the total amount of KRW 85,805,830,000, which was owned by the damaged company on behalf of the victimized company by the same method over 22 occasions, as shown in the attached Table 1 list of crimes.

Accordingly, the Defendant embezzled the property owned by the victimized company while on duty.

2. The Defendant committed a joint crime with FF in collusion with the Defendant’s fatherF to pay false benefits to F, notwithstanding the absence of benefits from the victimized company because F was not actually working in the victimized company. On February 27, 2015, the Defendant transferred KRW 1,581,690, the amount of money owned by the victimized company in the course of business for the victimized company from the D bank account in the name of the victimized company to the D bank account in the name of F and consumed for personal purposes from that time to April 5, 2016.