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(영문) 부산지방법원 동부지원 2020.01.30 2019고단2128
업무상횡령등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From November 22, 1982 to April 26, 2019, the Defendant, who was in exclusive charge of accounting management, such as deposit and withdrawal of funds of the victim D Co., Ltd. (hereinafter “victim D Co., Ltd.”) (hereinafter “victim D Co., Ltd”) and settlement of accounts, was in custody of passbooks, such as E Bank Party Account (F) and G Bank Account (H), and corporate seal imprints, etc. to be used at the time of deposit and withdrawal.

1. Around June 30, 2005, the Defendant: (a) transferred KRW 14,270,554 while managing the company’s operating funds to the E bank account in the name of the Defendant for the damaged company; and (b) arbitrarily used them for the purpose of investing stocks, etc.; and (c) transferred KRW 248,161,968 in total nine times from that time to August 30, 2010, as indicated in the attached list of crimes, to the E bank account in the name of the Defendant E bank (I); and (d) embezzled the amount of KRW 248,161,968 in voluntary consumption with stock investment, loan interest, and credit card approval price.

2. From around 207, in order to conceal the fact that the Defendant embezzled the funds of the victimized company, such as occupational breach of trust, fabrication of private documents, and uttering, the Defendant, from around 2007, received discount from financial institutions at will from the customer of the victimized company from a financial institution before the approval date of a bill of exchange, which was paid as the price for goods, etc., and collected the amount equivalent to the amount of embezzlement by transferring the discounted amount of the bill to the G Bank account in which the funds of the said company are kept, so as not to reveal the fact that the Defendant embezzled the funds, the Defendant concealed the sales of the victimized company from a sudden decline in the sales of the victimized company around 2014, and caused the shortage of the bill of exchange at discount as above, embezzling the

In order to obtain a loan as security for the export price to be paid to the damaged company, the representative director of the victimized company shall be approved.

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