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(영문) 서울서부지방법원 2016.11.01 2015고단1675
업무상횡령등
Text

Defendant

A Imprisonment with prison labor of one year and six months, Defendant B's imprisonment with prison labor of six months, Defendant C's imprisonment with prison labor of four months, and Defendant E.

Reasons

Punishment of the crime

Defendant

A is a person who works with N from around 1993 to around 2006 to around 2010 and is entrusted with the operation of N, the representative director of N, and has been in charge of N, such as the receipt of flood control works, execution, selection of a waterproof material supplier and contract, wage payment, and fund management.

Defendant

B is a person who works as a N’s accounting officer from October 2007 to April 2009 and was engaged in the duties of paying money and arranging books, etc. according to the orders of Defendant A. Defendant C was a person who served as the site manager at each construction site where the NP had been performed from around October 2003 to around 2010.

Defendant

D As a representative of P (hereinafter referred to as “P”) which is a waterproof material company, a person who supplies waterproof materials to N from around 2008 to around 2010, and Defendant A is the representative director of Q (hereinafter referred to as “P”) who is a waterproof material company, and has overall control over the business and fund management of the company.

1. Joint crimes committed by Defendant A and Defendant B (occupational embezzlement);

A. On April 2, 2008, Defendant A instructed Defendant B, an accounting officer, to transfer KRW 110,000 from N to the National Bank account (Account Number: S) in the name of “water rate” at N office located in Jongno-gu Seoul, Jongno-gu, to Defendant B’s new bank account (Account Number: T) and then withdrawn it again and consumed it by an unrefiting method. From that time to April 30, 2009, Defendant A withdrawn money from N 15 times under the name of false labor cost, public charges, etc. from N’s account and then remitted it to the Defendant B’s account, and then arbitrarily consumed it for an unfiting purpose by withdrawing it in cash.

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