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(영문) 서울동부지방법원 2017.11.09 2017고단2257

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a limited company C (hereinafter referred to as “C”) from around January 2009 to January 17, 2014.

D D (hereinafter referred to as “D”) of a limited partnership established upon investment in the above C;

E In a limited company (hereinafter referred to as “E”).

A person who works as the head of each finance department and has been in charge of the fund management of the above companies.

1. Occupational embezzlement;

A. On April 25, 2013, around 14:10 on April 25, 2013, the Defendant arbitrarily transferred KRW 1,881,00 from the bank account (G) in the name of the Defendant to the bank account (H) in the name of the said company, and consumed it for personal purposes, such as living expenses, gambling funds, etc.

In addition, the Defendant arbitrarily consumed KRW 63,897,951 on a total of 36 occasions, as shown in attached Table 1, from around the above day to October 10, 2014.

Accordingly, the defendant embezzled the victim's property.

B. Around April 15, 2011, the Defendant: (a) transferred KRW 2,919,000 from an investment finance account (I) in the name of the said company to an account (J) in the name of foreign exchange bank; and (b) deposited the money in cash and consumed it for personal purposes, such as cost of living, gambling, etc.

In addition, the Defendant arbitrarily consumed KRW 198,318,056 on a total of 86 occasions, as shown in the attached Table 2, from around the above day to December 30, 2013.

Accordingly, the defendant embezzled the victim's property.

2. On January 30, 2009, the Defendant habitually gambling the Internet gambling site “K” and gambling the amount of KRW 5,000,000, a maximum of KRW 1,000,000 for domestic and foreign sports games, and received an amount calculated by multiplying the said team by the winning rate.

In addition, the defendant is as shown in attached Table 3 from the above day to January 12, 2014.