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(영문) 서울중앙지방법원 2014.10.23 2014고단4277

업무상횡령

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. Defendant A is a person who actually operates a victim J Co., Ltd. (in the case of a stock company, the name of the stock company shall be stated only the first, and shall be omitted thereafter).

법인카드 관련 업무상횡령 피고인은 2011. 1. 7.경 춘천시 감천동 792 소재 두산큐벡스 주식회사 라데나콘도에서 피고인이 위 콘도를 개인적으로 이용하고 업무상 보관하던 피해자 J의 법인카드로 15만 원을 결제하여 이를 횡령한 것을 비롯하여 2008. 1. 10.경부터 2012. 10. 5.경까지 별지 범죄일람표 (1) 기재와 같이 피고인이 실질적으로 운영하는 총 10개의 운수법인에서 발급한 23개의 법인카드를 업무상 보관하면서 합계 135,473,627원을 피고인 또는 가족 생활비 등으로 임의로 사용함으로써 이를 횡령하였다

[The indictment is written as to the date and time of the act, stipulated as "from April 3, 2008 to May 15, 2012." However, it is reasonable to deem that the facts charged was specified pursuant to the attached list of crimes (1). Since it does not interfere with the defendant's right of defense, it does not interfere with the correction as "from January 10, 2008 to October 5, 201" ex officio.

On December 10, 2008, the Defendant: (a) paid 62,570 won to the Defendant’s mobile phone charges while he/she was in custody of business after remitting the sales price of the license plate of the truck for business of a vehicle belonging to the victim KK corporation, which the Defendant actually operated, to a deposit account in the name of the Defendant’s employee; and (b) embezzled it; and (c) from June 12, 2008 to August 13, 2012, as shown in the attached Table of Crimes List (2), he/she stored the sales price of the license plate of the vehicle for business of a vehicle belonging to the 19 transport corporations, which the Defendant actually operated, in total, 123,89,850 won, as shown in the attached Table (2).