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(영문) 의정부지방법원 고양지원 2018.04.27 2017고단19

업무상횡령

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants operated the Victim D (Representative E) Co., Ltd. located in Ilyang-si, Ilyang-si, U.S., and Defendant B from February 23, 2011 to March 23, 2013; and Defendant A from March 23, 2013 to March 23, 2013 to manage the funds of the victimized Company.

1. The Defendants committed the joint crimes of the Defendants: (a) the representative director, E, primarily responsible for external affairs; and (b) the gap in the company’s personal affairs that was unable to use the company’s price due to his personal affairs; (c) transferred the company’s funds to other his/her family accounts to use them for personal purposes, such as living expenses.

Defendant

B From the F Bank Account (G) account in the name of the victimized Company’s office on January 19, 2012, Defendant A transferred KRW 700,00 to the I Bank Account (J) in the name of Defendant A’s father’s Ha, and Defendant A used it for personal purposes, such as living expenses, etc. while being kept in custody, and from around that time to March 22, 2013, the attached Table Nos. 1-7, 70-83, 110-127, 129-168, 175-185, 190-21, 224-24-246, the indictment No. 128 of the annexed Table No. 128 of the crime No. 128 of the annexed Table No. 128 of the crime committed in the name of the victimized Company’s office is written as a simple mistake identical to that of 145 times in total.

Therefore, ex officio correction (see Supreme Court Decision 82Do1199 delivered on May 24, 1983) was made by transferring money to the account held in the name of the head of the foreign country under the name of H or Defendant B for the purpose of personal use, such as living expenses, debt repayment, etc., or using the physical card in the name of the company for the purpose of personal use, such as hospital expenses.

As a result, the Defendants conspired to embezzlement 76,925,026 won owned by the victimized company on duty.

2. Defendant A around March 29, 2013, at a bank account (G) in the name of the victimized company’s office, KRW 48,500,00,000, from one’s husband’s her husband’s son H’s account (J) to one’s her husband’s son’s son’s Ha.