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(영문) 서울동부지방법원 2013.05.16 2012고단2872
업무상횡령
Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

From February 24, 2006 to April 2012, the Defendant, together with the victim D, was in charge of business activities and financial management affairs while serving as the joint representative director of the victim F Co., Ltd. F, Ltd., a company that conducts the business of printing and printing in Gangnam-gu Seoul, Seoul. On December 30, 2009, the Defendant, around December 30, 2009, established the subsidiaries G jointly with the victim, registered the business as the personal name of the Defendant, and took charge of G’s financial management affairs.

The Defendant used the Defendant’s personal account by depositing the victim company’s funds into the victim company’s personal account under the name of paying customer rebates, etc. in managing the said victim company and G’s account.

1. The Defendant embezzled in G account on June 7, 2010, lent KRW 2,000,000, which was deposited in G’s account in the French area of Seoul and lower Seoul, to the Defendant-friendly job offering H for personal purposes while on duty keeping for the victim D.

During the period from June 7, 2010 to February 7, 2012, the Defendant consumed the total of KRW 25,890,000 for personal purposes by the same method over 19 occasions, as shown in the List of Offenses (1).

Accordingly, the defendant embezzled the victim's property.

2. On January 23, 2010, the Defendant, by using credit cards, used the credit card under the name of the Defendant for the business purpose of the said victim company, and made the said credit card payment out of the funds of the victim company deposited in the Defendant account, so the said credit card should be used for the victim company. Thus, the Defendant used the said credit card in settling 39,600 won, an individual food payment, despite being required to use it for the victim company.

From January 23, 2010 to March 27, 2012, the Defendant consumed the total of KRW 11,015,210 for personal purposes by the same method over 160 times, as shown in the List of Offenses (2).

In this respect.

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