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(영문) 서울북부지방법원 2019.09.20 2018고단3846
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, from March 2014, worked as an employee in the Victim C Co., Ltd., which had been in his or her broad time from March 2014, engaged in the accounting work of managing the company's

[2018 Highest 3846]

1. On January 2015, the Defendant paid benefits to D at the office of the victim company, who is an employee of the production company, paid the amount of KRW 1,513,930, which is higher than that of the victim company, with the preferential payment of KRW 1,955,450, which is higher than that of the victim company, and then recovered KRW 441,520, the difference from D in cash and kept it for the victim company. From around that time to December 9, 2016, the Defendant embezzled the victim’s property by arbitrarily using and embezzled the victim’s property from January 2015 to October 2016, including the amount arbitrarily used and embezzled from the victim company to December 9, 2016.

[2019 Highest 1663]

2. On April 1, 2014, the Defendant embezzled the victim’s property by consuming 98,268,517 won, which is the victim’s property, for personal purposes, such as cost of purchasing 52,920 won from the corporate bank account (E) in the name of the victim’s office, even if he/she paid the same amount in cash, as if he/she paid the same amount in cash, as if he/she paid the same amount in cash, as stated in the separate sheet of crime (2) from around 170 times to December 5, 2016, as shown in the separate sheet of crime (2).

Summary of Evidence

[2018 Highest 3846]

1. Court statement of the defendant (the first court date);

1. Part of each protocol of the police statement concerning G;

1. Statement of the police statement related H;

1. A statement of funds, details of each transfer of benefits, and a detailed statement of return of benefits;

1. Details of the account in the I Bank;

1. Full certificate (C) of the matters to be registered;

1. The defendant;

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