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(영문) 서울서부지방법원 2018.11.22 2018고단1779

업무상횡령등

Text

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

Reasons

Punishment of the crime

The Defendant worked as an employee of the Victim C Co., Ltd. (hereinafter “victim”) established for the purpose of arranging general travel in Seoul Jung-gu between March 2007 and January 2017, and was engaged in the business of managing money received from customers, etc. in accordance with the reservation and right of airline tickets, the right of airline tickets, and the right of airline tickets.

1. Around August 7, 2012, the Defendant received KRW 4,628,20,00 from the customer of the victimized company to deposit in the account under the name of the Defendant, and did not deposit it into the account of the victimized company for the purpose of the victimized company, and embezzled it by consuming it for the personal purpose in Seoul (hereinafter referred to as “Seoul”) around that time, and as listed in attached Table 1. of the List of Crimes, as shown in the attached Table 1. from around that time to June 25, 2016, the Defendant embezzled KRW 197,697,163 in total for 84 times from the customer of the victimized company to the account under the name of the Defendant and embezzled it for the victimized company by consuming it as the account of the victimized company’s personal purpose, not for deposit it into the account of the victimized company, but for the purpose of the victimized company’s personal purpose at Seoul and below Seoul.

2. When an attempted claim was caused to the victimized company due to the Defendant’s arbitrary use of the money owned by the victimized company for the personal purpose, etc., the Defendant had the intent to conclude that an attempted claim is not yet an attempted claim, by manipulating the electronic data processing system by either delaying the date of departure of the airline ticket registered on the electronic data processing of the victimized company, or changing the actual transaction partner registered on the electronic data processing to the other transaction partner at the latest.

The Defendant entered the 288 initial charged facts in the victimized Company’s office from September 2016 to January 2017, as stated in Schedule 2., and as stated in Schedule 2., “341 times” in the previous charged facts. However, the crime listed in Table 2. attached to the indictment is 288 times in total, and is written in writing.