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(영문) 창원지방법원 통영지원 2016.03.04 2014고정524

업무상횡령

Text

Defendant shall be punished by a fine of KRW 1,300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From the beginning of August 2013 to November 13, 2013, the Defendant engaged in the management of the opening of a restaurant and the overall operation of a restaurant operated by the Victim F, “G,” which was operated by the Victim F, and the Defendant kept credit cards, such as bank accounts (Account Number H and I), physical cards, national cards, and new credit cards, etc. in the name of the victim for deposit and operating expenses.

1. On August 9, 2013, the Defendant embezzled KRW 969,450,00 in total for 85 times in the same manner as the daily list of crimes in the attached Table (1) between around that time and around November 13, 2013, when he/she had been in custody of the bank account account of our bank for the victim on his/her business, he/she paid the personal food of KRW 7,500 in a restaurant under the trade name called “J” while he/she had been in custody of the bank account for the victim.

2. On August 20, 2013, the Defendant: (a) withdrawn KRW 100,000 in cash using the above physical card from the cash payment machine established at the convenience store while keeping the passbook and e-mail card for the victim’s business; (b) and (c) disbursed cash for personal use from around that time to November 7, 2013; (c) withdrawn the total amount of KRW 3,210,000 in cash over 17 occasions in the same manner as the previous crime list (2) from around that time to around 2013; and (d) wrongfully consumed and embezzled it for personal use.

3. On August 29, 2013, the Defendant embezzled KRW 671,620 in total for 36 times from around that time to October 29, 2013, by voluntarily consuming 36 times in the same manner as the daily list of crimes in the attached Table (3), while keeping a new card, which is a credit card, for the victim, on behalf of the victim, and paying KRW 8,600 for the taxi price after personal use in Seoul.

4. On September 11, 2013, the Defendant purchased tobacco at a convenience store while keeping the national card, which is a credit card, for a victim, for business purposes.