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(영문) 창원지방법원 2018.11.16 2018고단1712
업무상횡령등
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From July 4, 2012 to March 30, 2015, the Defendant served as a joint representative director and director of the victim C Co., Ltd. in Kimhae-si, and was engaged in business of customers, receipts, payments, etc.

1. On August 29, 2012, the Defendant received a transfer of KRW 15,979,00 from the victim company’s business partner D to the Defendant’s Daegu Bank account (Account Number: E), and transferred the amount of KRW 15,979,00 from the victim company’s business partner to the Defendant’s Daegu Bank account (Account Number) for the purpose of the victim company, and consumed the total amount for personal purposes, such as living expenses, etc. from the Si to October 23, 2013, and used KRW 31,62,025, total sum of KRW 171,62,025, such as the list of crimes (1), (2), and (3) in the same manner, from the Si to October 23, 2013.

Accordingly, the defendant embezzled the property of the victim company while he/she has kept it for business purposes.

2. As a joint representative director and director of the victim company, the defendant in breach of occupational duty is obliged to use the card (credit card number G) of the victim company for the business of the victim company and not to use it for personal purposes.

Nevertheless, on April 4, 2013, the Defendant, while holding the above corporation’s card, received dental treatment at H dental clinic around April 4, 2013, and in violation of the above duties, paid the above corporation’s card fees of KRW 250,000,00, thereby obtaining financial benefits equivalent to the above amount, and incurred losses to the victim company. In addition, the Defendant paid KRW 2,81,340 in total five times from that time to June 21, 2013 in the same manner, such as the list of crimes (3) in the same manner.

As a result, the defendant acquired property benefits equivalent to the above amount and caused damages to the victim company in violation of occupational duties.

Summary of Evidence

1. Statement by the defendant in court;

1. I.D.

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