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(영문) 서울남부지방법원 2019.05.15 2018고단5193
업무상횡령등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, as a director of Gangseo-gu Seoul Metropolitan Government Victim E Co., Ltd. (hereinafter referred to as “victim”) operated by D in Category B building C in Gangseo-gu, Seoul, was engaged in the purchase and sale of goods of the victimized company while operating the victimized company as a partnership with D above.

Around August 21, 2009, the Defendant was transferred from the above F to the account and kept for business purposes 376 million won from the above IBK bank account in the name of the Defendant, and then used 382 million won for personal purposes, such as stock purchase price and gambling expenses, in the situation that the Defendant was scheduled to receive 376 million won from the IBK bank account in the name of the victimized Company, and to receive 376 million won from the IBK bank account in the name of the victimized Company in the name of the KBK bank account (H) and the corporate seal in the name of the victimized Company.

Accordingly, the defendant embezzled the victim's property on duty.

The facts charged are partially revised and recognized to the extent that it does not infringe the defendant's right of defense in 2018 Highest 6936.

On August 21, 2009, the Defendant called, at the E office located in Gangseo-gu Seoul Metropolitan Government B building C, to the victim L, who operates TV home shopping retail business, Inc. F, and said, “The Defendant was approved by the representative director D with regard to the age-line concurrent import cases discussed between E and F, thereby remitting the borrowed amount of KRW 378 million at present.”

However, in fact, the defendant did not obtain the approval of D, the representative director of E in relation to the above borrowed money, and even if he received money as the concurrent revenue of E, he shall use it for personal purposes, such as gambling and living expenses, not for the purpose of use.

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