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(영문) 전주지방법원 2014.10.23 2013고단1296

업무상횡령등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant of “2013 Go-Ma1296” is a person who, from September 10, 1999 to March 13, 2008, has been managing the funds of one company suffered by damage, such as the management of passbooks, account books, etc. of one company suffered by the victim, withdrawal, accounting management, and accounting management, etc. while serving as proxy and director from September 10, 199 to March 13, 2008.

1. The Defendant, at the victimized 1 Company, exclusively takes charge of the management and accounting of the passbook, etc. in the name of the victimized 1 Company, such as withdrawal, remittance, etc., by taking advantage of the fact that G, who was a director, believed the Defendant and neglected supervision without confirming the details of the passbook transaction of the victimized 1 Company, he/she released money from the bank account managed by the Defendant, such as the passbook of the victimized 1 Company, or used money for the company by transferring the funds of the damaged 1 Company to the prior bank account in the name of the Defendant and the Korean bank account in his/her personal name for the personal purpose. From around 2000, the Defendant used some amount for embezzlement of the damaged 1 Company’s funds for his/her own personal purpose.

On January 3, 2004, the Defendant voluntarily used KRW 146,913,987 in total over 1,562 times from around November 7, 2007 to around 1,562, as stated in attached Table 1,50,500 from the above North Korea bank account where damage 1 company’s funds are deposited at the former North Korea bank account at the location of the Defendant’s office located in Y in Y in Y-gu, Y-si, Y-si, the Defendant: (a) as described in attached Table 1,1091, 1093 through 1119; and (b) as stated in attached Table 2, from January 26, 2004 to March 13, 208, the Defendant initially used KRW 146,913,987 in the account of the former North Korea bank account; and (c) as stated in attached Table 1 to 1091,1093 to 1119.