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(영문) 서울남부지방법원 2019.01.23 2018고단5151

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant occupational embezzlement from August 2013 to March 2014, 2014, while serving as the secretary at the “D Hanwon” of the victim C’s operation located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and was engaged in the business of financial management of Hanwon and manufacture of sugar drugs.

When managing the E Bank Account (F) in the name of the victim, the Defendant received money from the victim as a medicine fee to be remitted to the said account, employee’s pay, etc. and embezzled money in excess of the actual amount from the said E Bank Account to the personal account in the name of the defendant for the victim. On February 5, 2014, the Defendant transferred 8,000,000 won from the said E Bank Account to the G Bank Account under the name of the defendant for personal use, and embezzled the victim’s property by using the personal property such as payment of overdue tax, card payment, etc. after transferring 64,403,50 won from the said E Bank Account to the personal account under the name of the defendant, from December 16, 2013 to March 31, 2014, as shown in the crime List, as shown in the attached Table, from around 28 times to March 31, 2014.

2. Around February 23, 2014, at the “D Hanwon” room as stated in the above Paragraph 1., the Defendant told the victim C to pay KRW 20,000 when he/she sold the her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her shes

However, at the time of fact, even if the defendant did not have been guaranteed that he sold the above money after one month, he thought that he would use the above money for the purpose of paying the personal card price, etc., and the defendant did not have any property under his name, and even if he received the above money from the victim, he did not have any intent or ability to pay it after one month even if he did not receive the above money.

The Defendant is as above.