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(영문) 전주지방법원 군산지원 2020.05.27 2020고단277
업무상횡령
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Power] On January 9, 2019, the Defendant was sentenced to imprisonment with prison labor and six months at the Jeonju District Court for occupational embezzlement, etc., and the judgment became final and conclusive on November 29, 2019.

【Criminal Facts】

The victim B (representative director C) had an office in the same building as D, and the husband of the above C has been working as the chairperson of the two companies, and the defendant works as the employee of the above corporation D from July 1, 2016 to December 2, 2017, and was in charge of accounting and accounting of the victim company.

As above, the Defendant, while in charge of accounting and accounting of the victim company, left cash from the victim company’s passbook to use it for living expenses, etc. by advertising the fact that he/she keeps and manages the passbook of the victim company and the list of entrance and departure.

1. Around March 23, 2017, the Defendant embezzled occupational embezzlement: (a) around March 23, 2017, at the former Jinjin-dong post office located in Jinjin-gu, Jinjin-gu; (b) withdrawn KRW 79,003,00 from the post office account (E) in the name of the victim company in the custody of the Defendant (including KRW 3,000), and then transferred KRW 64,000,000 among those (including KRW 3,000) to the F Bank account in the name of the victim company; and (c) used the remainder of KRW 15,00,000 for business purposes in a way that is personal use, such as living expenses, etc. around that time.

2. On August 11, 2017, the Defendant: (a) withdrawn KRW 10,00,000 from the post office account (E) in the name of the victim company that the Defendant kept at the same place as the foregoing paragraph (1) around August 11, 2017; and (b) used it for personal purposes, such as living expenses and credit card payments, etc. around that time, and embezzled it for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against C (including the H part of the statement);

1. Each police statement made to I, C, and H;

1. A statement of post-office accounts in the name of a plan for the settlement of accounts, a statement of accounts in the name of a plan for the settlement of accounts, a complaint, and a statement of money;

1. Previous convictions in judgment: Criminal records and the defense counsel of the defendant involved in the judgment;

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