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(영문) 인천지방법원 부천지원 2018.03.30 2017고단2954
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from May 200 to April 29, 2017, was in office as the head of the purchase business in Seocheon-gu, Seocheon-gu, Seocheon-gu, D and 101, and was in office as the head of the purchase business in the victim E Co., Ltd., and was in charge of the above business affairs.

1. From June 5, 2008 to April 27, 2017, the Defendant: (a) around June 5, 2008, at the office E-office of the victim’s name, kept funds while managing the bank account in the victim’s name; (b) transferred funds to the Defendant’s name bank account by means of Internet banking to use KRW 400,000 in the Defendant’s living expenses; and (c) transferred funds from June 5, 2008 to April 27, 2017 to the Defendant’s name bank account in the victim’s name for 204 occasions, such as the list of crimes (1) in attached Form 204, from June 5, 2008 to the Defendant’s name bank, the Defendant arbitrarily used KRW 15,544,518 in total due to Defendant’s living expenses and loans.

Accordingly, the defendant embezzled the property owned by the victim who was kept in business.

2. From June 15, 2016 to April 27, 2017, the Defendant in breach of occupational breach of trust: (a) at the “H” entertainment entertainment shop located in Guro-gu Seoul Metropolitan Government, the Defendant, despite having a duty to use the credit card of the victim E for the performance of duties against the victim, in violation of that duty, paid 4.3 million won as personal entertainment expenses; and (b) from June 15, 2016 to April 27, 2017, the Defendant paid 10,442,00 won in total with the credit card of the victim from June 15, 2016 to pay 4.37 times in violation of that duty; and (c) took property gains by settling 10,442,00 won in total with the credit card of the victim, and suffered

Accordingly, the defendant acquired property benefits by violating his duties and caused property damage to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the I statement);

1. Statement made to I by the police;

1.The details of each account transaction and complaint;

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