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(영문) 의정부지방법원 고양지원 2020.03.26 2020고단259
업무상횡령
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The Defendant is an employee of the “D” and “E” in the operation of the victim C from February 8, 2007 to November 10, 2014, the Defendant is a person who had been engaged in business, such as the amount of loans from the said company.

1. On June 17, 201, the Defendant received KRW 3,800,00 from G bank account (Account Number H) in the name of the Defendant for the repayment of loans from F who obtained a loan through the Defendant, and kept in custody for the victim, and then withdrawn it on the same day and arbitrarily used it as living expenses, etc. From around that time to November 10, 2014, the Defendant embezzled total of KRW 58,886,000 for the victim’s total amount of money over 90 times, as indicated in the crime sight table, from around that time to around November 10, 2014.

2. Around November 3, 2014, the Defendant embezzled KRW 1,710,000 from the I Bank Account (Account NumberJ) in the victim’s name for a business purpose, such as lending, and embezzled KRW 5,000,000 from the I Bank Account (Account NumberK) in the victim’s name on the same day; KRW 5,00,000 from the same account on the April of the same month; KRW 5,00,000 from the same account on the same day around the 10th of the same month; and KRW 1,00,000,000 from the I Bank Account (Account NumberJ) in the victim’s name on the same day, and arbitrarily using KRW 9,210,000 from the I Bank Account (Account NumberJ) in the victim’s name on the same day and at least five occasions in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to C by the police;

1. Investigation report (the result of analyzing details of accounts traded by suspects);

1. Application of Acts and subordinate statutes to the details of transactions, each statement of transactions, each written confirmation, each written complaint (including attached documents), each borrowed certificate, cash storage certificate, and each book copy;

1. The pertinent Article of the Criminal Act, Articles 356 and 355(1) of the Criminal Act (in all cases of crimes, Articles 1 and 355(2) of the Criminal Act), and several acts constituting the same name of imprisonment with prison labor are continuously conducted for a certain period under the single and continuous criminal intent.

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