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(영문) 서울중앙지방법원 2013.07.04 2013고단1812

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has been in charge of accounting at the victim F Co., Ltd. operated by E on the third floor of Diplomatic Association in Gwanak-gu in Seoul Special Metropolitan City from November 2005 to June 2012.

1. On March 15, 2007, the Defendant: (a) around March 15, 2007, at the office of the victim company, the Defendant kept the bank account in the name of the victim company for the sake of the victim company; (b) handled the account as if used for the expense of the victim company; and (c) from the above our bank account, the Defendant’s husband’s account to the corporate bank account in the name of G to KRW 100,300 appears to be written

List of Offenses

1. The sum of KRW 78,028,710, as shown in attached Table 1, 2, and 3, was embezzled for the purpose of personal use after the transfer of reference amount from March 15, 2007 to the personal use. From around that time to June 26, 2012, the method of transferring from the account of the victim company to the account of G to the account of G in the name of G, and the method of withdrawing cash from the account of the victim company from the account of the victim company, etc.

2. On February 22, 2008, the Defendant in occupational breach of trust is in breach of his/her occupational duty to use the credit card in the name of the victim company for the purpose of the business of the company, and in violation of his/her duty to use the credit card in the name of the victim company for the purpose of the business of the company, at the business establishment "H" located in Dongjak-gu Seoul Metropolitan Government around February 22, 2008, the Defendant approved the amount equivalent to KRW 257,000 with the credit card in the name of the victim company in order to promote the Defendant's interest, and it appears to be written in writing from around

List of Offenses

8. The date of use was 46,571,290 won in total in order to promote the interest of the defendant by using a corporate credit card in the name of the victim company, as stated in the attached list 4 to 8 of crimes referenced to "07.03."

Accordingly, the defendant acquired property benefits equivalent to 46,571,290 won and suffered damages equivalent to the same amount with the victim company.

b)a summary of the evidence;