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(영문) 서울남부지방법원 2017.04.26 2016고단1770 (1)

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around August 1985, the Defendant entered into a partnership agreement with the victim D to operate an electronic component manufacturing business with the trade name of 3 million won as “H” and agreed from that time to that time, the Defendant is in charge of fund management, accounting, and business, and the victim agreed to divide one half of the profits.

1. The Defendant deposited the company’s public funds in the bank account (K) of the name of the Defendant’s bank account in the name of the Defendant, and deposited them in the company’s new bank account (K), and deposited them in the company’s occupational custody on September 11, 2002, the Defendant subscribed to the Defendant’s personal insurance with the name of Samsung 80 Life Insurance (State) for the product name of Samsung 80 Life Insurance (State) from September 11, 2002 to September 11, 2032 from September 2032, 14,897 for a single insurance premium of KRW 144,897 from the time of paying the company’s insurance premium by issuing the company’s household check or promissorysory note and settled the said household check or promissory note with the company’s public funds from the time of payment of the company’s insurance premium to August 2012 with the company’s funds.

2. Around March 21, 2003, the Defendant deposited the company’s public funds in the Korea Bank’s account (J) with the Defendant’s name-free dividends insurance (ju) for the product name of Samsung C&T at the above company around March 21, 2003, covered the Defendant’s personal insurance policy of KRW 297,000 for the first insurance premium from March 21, 2003 to March 21, 2032, and then embezzled KRW 19,869,300 for the total insurance premium, from that time to February 2, 2009, by arbitrarily paying KRW 297,00 for the personal insurance premium from the above bank’s account.

(i) the evidence;