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(영문) 대구지방법원 경주지원 2017.02.23 2016고단338
업무상횡령
Text

A defendant shall be punished by imprisonment for a term of one year and three 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

The Defendant served as an employee in charge of accounting of “D” as the victim in Ulsan-gu, Busan-gu, from around 1997 to around 2015, and has been engaged in the business of keeping and executing the said company’s funds by managing and using the foregoing company’s account passbook, security card, and E’s seal as the operator of the said company.

1. On January 207, the Defendant: (a) had been in custody of the money owned by the victim company for the purpose of the victim company at Samsan-dong branch in Ulsan-dong, Ulsan-dong; (b) had deposited the money owned by the victim company for the purpose of the victim company; (c) had deposited the total amount of KRW 4,360,00 in cash on six occasions from the parallel account (F) in the name of the said company; and (d) used the balance of KRW 3,394,230 remaining after using the said company’s money for personal purposes, such as cost of living; and (e) has consumed KRW 967,570,560 for the personal purpose from that time to December 2013 as in the list of crimes 1.

Accordingly, the defendant embezzled the victim's property.

2. On December 1, 2010, the Defendant: (a) in the office of the victim company located in Ulsan-gu, Ulsan-gu, Seoul-gu; (b) in the course of performing the business of keeping the money owned by the victim company for the sake of the victim company, the Defendant transferred KRW 1,050,000,000, which is a transport fare exceeding KRW 786,000,000, which is the transport fare to be paid from the victim company by his husband, to the Defendant’s agricultural bank account in the name of the above company (F); and (c) spent KRW 264,00,000, which is the difference, for personal purposes, such as living cost, from around that time to December 2013.

This is the defendant's property of the victim.

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