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(영문) 창원지방법원 통영지원 2014.08.21 2014고단58

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant is a person who, as the managing director of the limited partnership D (representative E; hereinafter “D”) that is a victimized company in Tong Young-si from January 2005 to April 2012, the Defendant engaged in the business of managing funds, accounting, etc.

Around September 21, 2007, the Defendant instructed F, an accounting officer, to deposit KRW 4.5 million out of the funds of the said D office into the Agricultural Cooperative account under the name of the Defendant, and received deposit KRW 4.5 million, the ownership of the victimized Company, and deposited it for the purpose of the victimized Company on the same day. On the same day, the Defendant transferred approximately KRW 3.6 million, including the Defendant’s balance in the said account, to the “G” account in order to repay the Defendant’s existing obligation, and embezzled the remainder of KRW 1 million by arbitrarily consuming it to H, the Defendant’s branch. From around that time until July 27, 2011, the Defendant arbitrarily used it for personal purposes, such as debt repayment, etc. in total 19 times from the place where the victimized Company was kept in the course of business for the victimized Company.

Accordingly, the Defendant embezzled the property of the victimized company.

2. Forgery of private documents, alteration of private documents, uttering of private documents, and uttering of private documents;

A. On November 201, the Defendant, while settling the accounts at the D office as stated in paragraph (1) around the end of the month at the D office as stated in paragraph (1) of this Article, had the difference between the installment savings account deposit amount and the actual installment savings account deposit amount on the end of the month, with the intent to keep the details of the settlement by altering the installment savings account account account amount. ① On the date on which the bank account passbook (Account Number I) in the name of (i) Do Representative E, “2010,000,” “22,” “3,000,000,” and “66,000,000,000,” made a copy of the account deposit account in the name of (i) Do Representative E, a private document on certification of facts, and then altered the copy of the account deposit account under the name of (ii) Do Representative E.