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(영문) 대구지방법원 2016.07.15 2016고단1731
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2016 Highest 1731] Defendant is a person who is in office as the head of the business office in the Seoul Special Metropolitan City, Nowon-gu branch office in the Gu and has been engaged in the business supervision of its employees, such as encouragement of business activities and commodity prices.

On June 1, 2015, the Defendant: (a) at the office in the office in the office in the jurisdiction of the Gu and the U.S. branch of the Gyeongbuk branch; (b) instructed C, a trader, to transfer grants of KRW 20,495,432, which he/she has received from D Mart to his/her account; and (c) around that time, he/she kept for the victim; (d) he/she voluntarily uses the grant money of KRW 20,495,432, which he/she has received from D Mart; and (e) he/she embezzled the grant money of KRW 94,075,204, on 16 occasions, such as the daily list of crimes (i) by November 10 of the same year (i.e., the “8. 31.” listed at the end 7.).

[2016 Highest 1955] The Defendant is a person who served as a warden from April 1, 2013 to November 2015 at the business office in the Gu and Si/Gun/Gu of the Daegu Highest Gyeongbuk Branch.

The Defendant, at around November 17, 2014, at the Gu-U.S. Member of the Gu-U.S. Office, calls from the victim E, who is an employee of the above Gu-U.S. Office, to pay the incentives to the transaction office “. It shall be paid the incentives to the transaction office, and if it is lent KRW 30 million, it shall be paid immediately.

“A false representation was made.”

However, in fact, at the time, the Defendant had a personal debt in excess of KRW 200 million, and the mortgage was established on the house owned by the Defendant, and the monthly wage was consumed by living expenses and interest on loans, and there was no intention or ability to repay the debt even if the Defendant borrowed money from the damaged party.

Around November 17, 2014, the Defendant received KRW 30 million from the injured party to the agricultural bank account (F) in the name of the Defendant, and used it as personal debt repayment and living expenses, etc., and received KRW 73 million from November 17, 2014 to November 20, 2015, in total, seven times from the victims, such as the list of crimes (2).

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