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(영문) 부산지방법원 2016.03.24 2016고단471
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From July 1, 2008 to September 1, 2015, the Defendant served as the head of business at the Busan Central District Office of the Victim C Co., Ltd. located in Busan Jung-gu, Busan, and was in charge of the management of funds, receipts, and logistics revenues.

1. On January 9, 2009, the Defendant received transportation charges of KRW 432,00 from an enterprise that traded with the victimized company at the above office to the National Bank account (F) in the name of E, the representative director of the above company, and used the money in the course of business.

G arbitrarily transferred to the National Bank Account (H) account in the name of G and consumed.

In addition, from around that time to August 26, 2015, the Defendant transferred the total amount of KRW 198,583,120, which was kept in business over 927 times, such as the previous list of crimes (1) as shown in the annexed Table of Crimes, to the bank account used by the Defendant as a tea, and embezzled by arbitrarily consuming it with gambling funds, living expenses, etc.

2. On June 26, 2009, the Defendant received 400,000 won in excess of the transport fee from the International RepresentativeJ, the customer of the victimized company, from the said office, to the said account under the name of E, and transferred it to the foreign exchange bank account (K) in the name of J for the victimized company, and used it again by returning it to the said account under the name of G.

In addition, from around that time to August 24, 2015, the Defendant returned the total amount of KRW 57,388,400,00 in excess of the transport charges kept on business over 179 times as shown in the attached Table of Crimes (2) from around that time to around August 24, 2015, to the above method, and embezzled the total amount of KRW 57,38,40 in G’s account in the name of G or the Busan Bank’s account in the name of Busan Bank (L) or M’s national bank account in the name of M

Accordingly, the Defendant arbitrarily consumed the total amount of KRW 255,971,520, which was kept on duty for the damaged company, and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the prosecutor by the J;

1. Each police statement made to E,O, or P;

1. The details of each account transaction;

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