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Reasons
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(영문) 춘천지방법원 2016.01.22 2015고단1187
업무상횡령
Text

Defendant

A A shall be punished by a fine of four million won, and Defendant B shall be punished by a fine of eight million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A, from January 5, 2012 to October 23, 2015, has been engaged in the accounting duties of the said faculty as the E major assistant of the victim D University located in Chuncheon-si C from January 5, 2015.

The Defendant used the corporate card for personal purposes at KRW 717,86,518 in total, such as using the corporate card for personal purposes or using the money in the bank account in the name of the Defendant, from around June 12, 2012 to June 8, 2015, at the “J” restaurant located in Chuncheon City, 174,000 won, such as arbitrarily paying the amount of KRW 174,000 with the said corporate card, etc. from June 12, 2012 to around June 8, 2015, the Defendant used the corporate card for personal purposes or used the amount of money in the bank account in the name of the Defendant to pay the personal debt.

Accordingly, the defendant embezzled the property of the victim while on duty.

2. Defendant B, from March 1, 2009 to February 28, 2014, had been engaged in the accounting of the said department as the K Department assistant of the Victim D University located in Chuncheon-si C from March 1, 2009.

The Defendant used the corporate card in the name of the victim (the new card L, the new card M, and the new card N) and one corporate passbook (the new bankO) for the purpose of the victim. On May 4, 2009, the Defendant used the corporate card for the purpose of personal use, such as voluntary payment of KRW 9,460 to P with the above corporate card, from May 4, 2009 to February 22, 2014, as shown in attached Table 74,339,527, such as using the corporate card for personal use or voluntarily withdrawing the money in the corporate passbook for personal use, etc.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for Q Q;

1. A written accusation;

1. Current status of the use of corporate cards and public funds;

1. Details of use of the corporate card; and

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