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(영문) 대구지방법원 포항지원 2017.06.14 2017고단351
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. From January 2, 2012, the Defendant is a person who, from around January 2, 2012, works as the head of the victims C Co., Ltd. (hereinafter “victim”) located in Seongdong-gu Seoul Metropolitan Government as the head of the Vietnam branch of the damaged Co., Ltd. (hereinafter “victim”) and is in charge of the overall management and operation of the funds for the damaged Co., Ltd.’s branch.

A. On January 11, 2016, the Defendant withdrawn USD 28,000 from the above bank account (E) in the name of D, which was kept in the form of a deposit claim by receiving a remittance from the damaged company from the damaged company in the form of a deposit claim from the “VICOM World” located in Vietnam, for operational funds, and then used USD 20,000 for the work of the victimized company, but the remainder of USD 8,000 (Korean USD 9,329,600) was used for the purpose of performing its personal obligations at will.

B. On January 15, 2016, the Defendant voluntarily withdrawn USD 25,000 (Korean Won 29,15,000) from the above bank account (Account Number:E) and used the personal debt for the purpose of discharging the Defendant’s personal debt.

(c)

On January 29, 2016, the Defendant voluntarily withdrawn USD 20,000 (Korean Won 23,324,000) from the above bank account (Account Number:E) and used it for the purpose of paying his personal debt.

(d)

On September 13, 2016, the Defendant used Vietnam currency (VND) No. 74,466,000 Dong (Korean currency KRW 3,723,300) for the purpose of arbitrarily discharging his/her personal debt, which is the ownership of the damaged company under custody in the depository of the head of the NND branch.

Accordingly, the Defendant embezzled 65,531,90 won in total, including USD 53,00 ($ 61,808,600) and Vietnam currency (VND) 74,46,000 ($ 3,723,300).

2. The defendant who interferes with his/her duties shall be Vietnam by the victimized company.

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