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(영문) 서울서부지방법원 2019.02.18 2018고단4124
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From October 29, 2012 to March 31, 2017, the Defendant joined the Seoul Mapo-gu building and the victim C corporation with the fourth floor as the person in charge of accounting of the management support team, and was engaged in the management of accounting, accounting, etc. until the director in charge of accounting has retired.

1. On January 2, 2013, the Defendant, at the above victim’s office, prepared a substitute list as if the representative director’s provisional money was anti-restricted, and deposited 100,000 won out of the amount of money being kept in cash in the D Association account (Account Number: E) under the victim’s name for the purpose of business, and consumed it for the personal purpose in a day in Seoul city around that time.

From around that time to June 12, 2015, the Defendant embezzled KRW 58,756,120 by the same method through 45 times, such as the list of crimes (1) in attached Form 1, between the time and June 12, 2015.

2. On January 17, 2014, the Defendant: (a) prepared a substitute table as if the Defendant paid the installment of the Company’s vehicle at the above victim’s office; (b) transferred KRW 3,076,510, out of the amount of money in the F Bank account (Account Number G) in the name of the victim to the F Bank account (Account Number:H) in the name of the Defendant for the victim; and (c) consumed the amount for personal use at around that time.

During the period from May 9, 2013 to March 3, 2017, the Defendant consumed KRW 74,028,851 by the same method from the place in Seoul Si through 72 times, such as the list of crimes (2) as shown in the attached Table of Crimes (2).

Accordingly, the Defendant embezzled the sum of KRW 132,784,971.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement to I;

1. Application of Acts and subordinate statutes, such as the details of account books on the embezzlement of suspects, details of account, and bank transfer slips;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. 130 million won shall be added to the victim company's accounting work for the reason for sentencing of selective punishment of imprisonment with prison labor for more than four years.

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