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(영문) 서울동부지방법원 2016.04.07 2015고단1018
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From October 4, 2010 to October 4, 2010, the Defendant has been engaged in the fund execution duties as the fund accounting staff of the victim D Co., Ltd. located in Gangdong-gu Seoul Metropolitan Government.

On January 11, 2013, the Defendant: (a) withdrawn KRW 4,044,444 as the industrial accident insurance premium to be paid to the Labor Welfare Corporation from the bank account (E) of the victimized person; and (b) used the same for personal purposes, such as living fees, at around that time, in a region where the Defendant had been in custody for the victim.

From around that time to September 11, 2013, the Defendant consumed the total amount of KRW 70,645,384 by the same method five times in total, such as the list of crimes (1) in attached Form 1.

Accordingly, the defendant embezzled the property of the victim while on duty.

From October 4, 2010 to October 4, 2010, the Defendant has been engaged in the fund execution duties as the fund accounting staff of the victim D Co., Ltd. located in Gangdong-gu Seoul Metropolitan Government.

On May 30, 2013, the Defendant: (a) withdrawn KRW 50,00,000 from the bank account (E) of the victimized person under the pretext of value added tax to be paid at the tax office located in Gangdong-gu Seoul, Gangdong-gu, Seoul; (b) paid only KRW 10,093,00 as value added tax; and (c) actually paid the remainder of KRW 39,907,00 for personal use, such as living expenses, around that time, in the city of Seoul.

From around that time to August 30, 2015, the Defendant consumed the total of KRW 53,497,640 by the same method twice, such as the flag table (2) in attached Form 2.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

"2015 Highest 1018"

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G's certificate of fact (net 3);

1. A statement concerning the preparation of the defendant;

1. A copy of the bankbook 2015 highest 3444;

1. The defendant's person;

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