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(영문) 수원지방법원 안산지원 2018.11.07 2018고단2290

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 4, 1998 to August 3, 2016, the Defendant served as an officer in charge of accounting and management in the damage company C victim C located in Ansan-gu, Agsan-si (hereinafter “victim C”) and was engaged in the affairs of fund management of the damage company.

On February 27, 2012, the Defendant managed D Bank Account (Account Number: E), which is a corporate account in the name of the victimized Company, and kept the funds of the victimized Company in the course of its business, and embezzled the damaged Company’s assets under the occupational custody by arbitrarily transferring KRW 850,000 to G Bank Account (H) in the name of the Defendant’s husband, the Defendant used F’s payment of F’s card amount. From that time to September 24, 2015, the Defendant embezzled KRW 29,431,827 of the damaged Company’s total funds from September 27, 2015, by arbitrarily consuming it to the account in the name of the Defendant and the said F, and then arbitrarily consuming it for personal use.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes on account transactions in each D bank;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 200,000 won out of the amount of embezzlement and the remainder is secured by the retirement allowance claim held by the victimized company, and the first offender);

1. The community service order under Article 62-2 of the Criminal Act;