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(영문) 수원지방법원 2019.10.23 2019고단3321
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

around 2009, the Defendant entered B, a software development company, etc., and worked in D, a corporation from around 2014 to the end of March 2019. On the other hand, the above D was merged around January 2018, and the current name is E.

From around 2016, the Defendant has been engaged in personnel management, fund management and enforcement of the retirement pension fund at the personnel management team of the victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Seongbuk-gu, Sungnam-si (hereinafter “victim Co., Ltd.”), while keeping the retirement pension fund in business for the victimized company.

1. On the 2016th day of the same month, the Defendant, through the method of transferring the retirement pension fund to an individual account, requested a university post-university to open the said bank account from the victim company, and obtained approval from the personnel management team, the Defendant decided to change the retirement allowance account of the victimized company from the H bank to the G bank. On the 13th day of the same month, the Defendant opened the company free-of-company account (Account Number: I), foreign currency ordinary account (Account Number: J), and the retirement pension trust account at around the 27th day of the same month.

In adopting the defined benefit type retirement pension trust system, the victimized company has deposited a certain amount of money in the retirement pension trust account for a certain period of time in the retirement pension trust account for the retirement pension, and had the relevant employee pay part of the amount as retirement benefits to the relevant employee. However, the company kept the retirement pension reserve through a separate financial institution separate from the company, and once the amount deposited in the above account was prevented from arbitrarily withdrawing from the company.

The Defendant disclosed only the retirement pension trust account opened as above to the victimized company, and the free corporate deposit account free from deposit is not opened to the injured company, and the passbook and the OTP card are kept on the part of the victimized company.

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