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(영문) 수원지방법원 안양지원 2018.10.11 2018고단1284

업무상횡령등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

From January 17, 2018 to April 13, 2018, the Defendant was in charge of cash receipt and disbursement work while serving as the Bank of Korea for the victims and as an employee of a branch office.

1. On February 28, 2018, the Defendant embezzled the Defendant’s total cash worth KRW 460 million in his/her business custody for the victim 10 million through the same method between the Industrial Bank of Korea of the 1st floor of the building located in Seocheon-si, Taecheon-si and the Defendant’s Bank of Korea and KRW 100 million in cash in his/her business custody for the victim at the time of the Defendant’s credit card settlement, etc., and then embezzled the Defendant’s arbitrarily consumed the cash worth worth KRW 460 million in his/her business custody for the victim 10 times, such as the Defendant’s credit card settlement amount and virtual currency investment amount.

2. On January 23, 2018, the Defendant used computers and others, but did not have deposit resources at the places specified in the preceding paragraph, but operated the computer using nine million won in cash with the Industrial Bank of Korea account (Account Number D) in the name of the Defendant’s mother, and used it as Defendant’s credit card payment, etc. from around that time to April 10, 2018, including using it as Defendant’s credit card payment, etc.

As a result, the defendant acquired property benefits by inputting false information into computers and other information processing devices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Articles 356, 355(1) (the point of occupational embezzlement) of the Criminal Act concerning criminal facts, Article 347-2 of the Criminal Act, and selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, and Article 38.