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(영문) 광주지방법원 2020.01.10 2019고단2400

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 this judgment became final and conclusive.

Reasons

Punishment of the crime

[2019 Highest 2400] The Defendant was in charge of accounting and financial management at the Naju University B University Industry Cooperation Foundation located in the Republic of Korea.

On January 29, 2016, the Defendant transferred KRW 300,000 from the above account to the national bank account in the name of the Defendant to the national bank account in the name of the Defendant, and arbitrarily consumed it for the cost of living.

In addition, from that time until August 8, 2018, the Defendant arbitrarily used the total amount of KRW 27,028,000 to the victim's funds being kept in business by the same method as shown in the attached list of crimes, from that time to that of August 8, 2018.

Accordingly, the defendant embezzled the victim's property.

[2019 Highest 4005] No person may transfer or acquire any means of access in using and managing the means of access under the Electronic Financial Transactions Act, unless otherwise specifically provided for in any other Act.

Nevertheless, at around 13:00 on May 28, 2019, the Defendant heard the statement to the effect that “low interest rate loans may be granted.” On the same day, the Defendant sent the check card to the post office light at 15:02 on the same day, and then transferred the check card connected to the bank account in the name of the Defendant at the address designated by the winners of name in the name of the Defendant at the post office light at 312 on the same day.

[2019 Highest 5001] The Defendant, as a faculty member of the Victim B University, was in charge of the management, administration, and accounting of students of the language school.

On March 30, 2019, the Defendant: (a) received tuition fees of KRW 2.8 million each semester of “C, Vietnam,” which is a student of a Korean language research institute of the Victim B University, from the account of a Korean language research institute of the Victim B University; and (b) embezzled the amount of KRW 2.8 million for a victim’s personal bank account under the name of the Defendant, without being required to deposit it into the account of the Korean language research institute; and (c) embezzled the amount of money arbitrarily consumed and embezzled.

Summary of Evidence

(b).