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(영문) 인천지방법원 부천지원 2017.07.14 2017고단711
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From September 8, 2007 to January 31, 2014, the Defendant, while serving as an employee at C University Management University, was in charge of research expenses and indirect expenses related to BK Business Bureau, and various administrative affairs.

Although the Defendant should return the No. 2C corporation card (D), which was owned by the injured party, in relation to the business of the injured party C University Industry-Academic Cooperation Union, before withdrawal, the Defendant embezzled it as it is, around January 31, 2014, while retiring from office.

2. On October 2, 2014, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) provided meals at F branches located in Yongsan-gu Seoul Metropolitan Government E-gu and settled the payment of KRW 400,000,000; and (b) suggested that the credit card was one’s own, and (c) had the victim of the restaurant management manager, whose name is unknown, pay for the food supply of KRW 400,00,000, and obtained pecuniary benefits of KRW 400.

In addition, the Defendant, from May 22, 2014 to April 3, 2016, by using the credit card embezzled over a total of 292 occasions, as stated in the list of crimes, and by deceiving the victims to acquire a total of KRW 29,193,250.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. An investigation report (H telephone investigation), an investigation report (additional investigation of witnesses H), an investigation report (investigation of the details used in G market);

1. Complaint;

1. A certificate of all matters to be registered, a contract for employment, and a receipt of retirement income collection/payment;

1. An application form for the issuance of a card, a receipt of a card, and a card register of a corporation paying research expenses;

1. Documents responding to the NH Nonghyup Bank, a statement of card use, a sales slips, output of the I website, card use details, card use details, the personal information of an orderer of a rooftop, purchase details, the personal information of an orderer of a GH market, and the details of orders of G market;

1. Application of each e-mail statute

1. Article 356 of the Criminal Act applicable to the crime and Articles 355(1) of the Criminal Act (including occupational embezzlement).

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