beta
(영문) 광주지방법원 목포지원 2012.09.11 2012고단119

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from the beginning of July 2010 to the end of July 201, 201, has been in charge of the supply and accounting of tools in E operated by the victim D in Nam-si, Seoul, as the head of the business division.

1. Occupational embezzlement;

A. On March 4, 2011, the Defendant embezzled KRW 15,857,200 for the purchase cost of a vehicle while he/she was in business custody for the victim by remitting KRW 2 million from G of the F president of a limited liability company, a trader, to the Defendant’s account, with cash withdrawal on the same day and used for the purchase cost of a vehicle, as shown in the attached crime list (1) by May 20, 201, as shown in the attached crime list (1).

B. On January 201, 201, the Defendant received the credit card of one bank in the name of E, sent by mail, and embezzled the credit card without delivering it to the victim for personal use while on duty for the victim.

2. Violation of the Specialized Credit Financial Business Act, and fraud;

A. On November 27, 2010, the Defendant: (a) performed alcohol at “H main point” located at the time of Mapo-nam, and (b) expressed that an employee had the right to use the credit card in the name of “E” with the mind that the Defendant had the right to use; (c) obtained pecuniary benefits equivalent to an amount of KRW 110,000 from deceiving the said employee to avoid paying the amount equivalent to the said amount; and (d) obtained pecuniary benefits equivalent to the said amount of KRW 17,121,000 in total from December 12, 2010, as indicated in the List of Offenses (2).

B. The Defendant, around February 1, 201, after drinking alcohol at the “I” drinking house located in Jeonnam-si, presented to his/her employees as if he/she had the right to use one bank under the name of E embezzled, as stated in paragraph 1(b), and used the used credit card embezzled by suggesting that he/she had the right to use the credit card. The amount equivalent to KRW 2,80,000,000 by deceiving the said employee.