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(영문) 울산지방법원 2018.08.30 2018고단1714

업무상횡령

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Criminal facts

On November 2007, the Defendant entered the account of the Victim D Co., Ltd. (hereinafter referred to as the “victim D Co., Ltd.”) with installation, maintenance, and repair business of freezing, air conditioners, and mutual assistance devices located in Ulsan-si, Seoul-si, and kept the amount stored in the above accounts for the victimized Co., Ltd. and the victim E, the representative of the said company, the victim E, the Dong F, the victim E, and the Air conditioner operated separately by the victim E, etc., the management of passbook in the name of H (G), the payment of wages to employees, the settlement of payments to the customer, the purchase of goods, etc., while engaging in business activities for the victimized Co., Ltd. and the victim E.

In managing the passbook as above, the Defendant: (a) transferred money from each of the above accounts to Defendant 1, husband I, female J, Emar K, Emk, and attached L’s account to use it for living expenses, shopping, etc. on the basis of the recognition certificate of the damaged company stored in the company’s computer for the disbursement and management of funds for the victimized company and the victim; and (b) the password of transfer of money from each of the above accounts to the financial account of the victim, etc.

1. Around January 18, 2011, the Defendant embezzled the Defendant’s occupational embezzlement of the victimized Company by arbitrarily transferring KRW 472,18,601, total amount of money owned by the victimized Company 169 times in total, as shown in Appendix I, from around that time to February 26, 201, to a new bank account (Account Number:N) in the name of the Defendant from a type account (Account Number) to a new bank account (Account Number: N) in the name of the Defendant at the victimized Company’s office.

2. On September 21, 2011, when the Defendant kept a new bank account (Account Number:O) in the name of H (G) in which funds of “G” separately operated by the victim E were kept, the Defendant transferred KRW 350,000 from the Defendant’s name bank account (Account Number: P) to the Defendant’s name’s bank account (Account Number) from the Defendant’s name at the victim company’s office, using the computer, and thereafter, from that time to April 2018.