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(영문) 서울남부지방법원 2017.08.09 2017고단998

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[criminal records] On January 24, 2014, the Defendant was sentenced to two years of imprisonment for occupational embezzlement, etc. by the Seoul Central District Court, and completed the execution of the sentence on November 20, 2015 at the Seoul Detention Center.

"2017 Highest 998"

1. The Defendant was working as the head of the overall division of the management support team in Gangnam-gu Seoul Metropolitan Government D’s management from February 22, 2016 to September 26, 2016, and was engaged in all affiliate companies, including the above E, F, G, H, and I, with five companies’ financial management, including the above E.

On March 16, 2016, at around 12:42, the Defendant arbitrarily transferred KRW 10 million from the Defendant’s national bank account to the Defendant’s corporate bank account from the victim company’s national bank account by using an official certificate in the name of F,OTP, etc. in the victim company’s name, which was on the second floor of the above C building, and consumed for personal use, such as entertainment expenses, around that time.

In addition, from around that time to September 21, 2016, the Defendant consumed total of KRW 343,934,102 for personal purposes over 457 times in total by transferring the corporate card from five corporate accounts to the personal account, using the corporate card for personal purposes, not depositing cash sales into the corporate account, and using it for personal purposes.

Accordingly, the defendant embezzled the victim's property on duty.

2. From around 07:00 on September 6, 2016 to around 07:30, the Defendant: (a) in the second floor of the building in Gangnam-gu Seoul Metropolitan Government, the Defendant takes a password of a credit cooperative that was known to him/her by using any cret cret before the victim D goes to work; (b) in turn, 5 million won (50 million won) in cash in the victim’s possession after the year’s door to the credit cooperative’s door to the end; and (c) in the same manner, he/she takes up KRW 5 million in cash in the victim’s possession around September 7, 2016; (d) around 10 million won on September 8, 2016; and (e) million won on September 9, 2016, by the same method.

(a).