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(영문) 춘천지방법원 2013.11.28 2013고단1018

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From December 2, 2010 to July 2011, the Defendant resided with the spouse F in the “Epentan-gun of Hongcheon-gun” of the victim D’s “Epentan-gun of Hongcheon-gun,” and was in charge of the overall management of the pentan-gun, including the reservation of pentan-gun, the deposit of accommodation, and the management of facilities.

1. Occupational embezzlement;

A. From April 29, 2011 to August 2, 2011, the Defendant: (a) asked customers to pay accommodation charges in connection with the reservation; and (b) requested customers to pay accommodation charges; and (c) asked customers to pay accommodation charges to the penty account in F’s name; and (d) made customers transfer accommodation charges to the Defendant’s spouse’s agricultural cooperative account (G) and the Defendant’s agricultural cooperative account (H) account (H) from May 22, 2011; and (c) made customers arbitrarily consume the Defendant’s personal loans, and embezzled the Defendant’s personal loans, etc. for the purpose of using the 67 times in total, including transfer of KRW 70,000,00 from the non-resident under the name of the Defendant.

B. Around July 5, 2011, the Defendant received cash 200,000 won from pention customer I for the purpose of personal living expenses, etc., and arbitrarily used it for the purpose of personal living expenses, etc. of the Defendant while carrying out his/her duties for the victim. From around that time to July 29, 2011, the Defendant embezzled cash accommodation expenses of KRW 1,390,000 for four times in total, as shown in attached Table 2, while he/she arbitrarily consumed it.

C. The Defendant, from July 31, 201 to August 2, 2011, committed embezzlement by failing to refund the said management expenses to the victim, even though he/she retired from office after August 2011 while performing the business of managing pentines in the said Epenta from around July 31, 201.

Accordingly, the defendant is the above-mentioned expenses for accommodation and management.