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(영문) 대구지방법원 김천지원 2016.06.29 2016고단523
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From October 2013 to April 2015, the Defendant served as accounting staff from the victim D in Kimcheon-si, Kimcheon-si, and from the F that was jointly operated by the victim E, the Defendant was in charge of the above F’s raising and withdrawal of funds.

1. On January 17, 2014, the Defendant kept a bank account in the name of the victim E (Account Number): (a) bank account in the name of the victim E (Account Number): (b) used for the purpose of receiving and withdrawing the above F’s money; and (c) embezzled the victims’ property by arbitrarily transferring KRW 179,941,000 from the Defendant’s account in the name of the Defendant from April 13, 2015 to the Defendant’s account in the Internet banking account due to Internet banking; and (d) arbitrarily transferring KRW 179,941,00 in total to the Defendant’s account in the name of the Defendant from April 13, 2015, as shown in attached Table 1 of the List of Offenses Act, and then consuming the victims’ property for personal purposes, such as living expenses.

2. On March 10, 2014, the Defendant: (a) kept a passbook, cash withdrawal card, and an official certificate in the bank account (Account Number H) in the name of the victim E, which was used for the purpose of receiving and withdrawing funds from the above F; (b) embezzled the victims’ property by arbitrarily withdrawing KRW 200,000 from the cash withdrawal machine installed at an unspecified place using the cash withdrawal card from that time until March 28, 2015, including: (c) arbitrarily withdrawing KRW 21,865,090 in total from March 28, 2015 by arbitrarily shipping 32 times in cash or transferring 21,865,090 in total to the Defendant’s account with smartphone banking;

3. On April 24, 2014, the Defendant kept the passbook, official certificate, cash withdrawal card, etc. in the post office account (Account Number I) in the name of the victim E, which was used for the purpose of raising and withdrawing funds from the above F, and transferred KRW 300,750 from the above post office account to the Defendant’s name, from that time to January 13, 2015, the Defendant had arbitrarily transferred KRW 300,750 from the above post office account in the name of the Defendant.

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