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(영문) 창원지방법원 2020.01.15 2019고단3447
업무상횡령
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

【Criminal Power】 On March 24, 2016, the Defendant was sentenced to imprisonment with prison labor for embezzlement, etc. at the Changwon District Court Seoyang branch on March 24, 2016; one year and six months; the same year during the execution of the sentence in

7. 29. The same year after parole;

8.13. Special amnesty is a person who has been exempted from the execution and has completed the execution of the sentence.

【Criminal Facts of Crimes】 From March 20, 2018 to May 31, 2019, the Defendant served as the chief of general affairs department at the Victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) (hereinafter “victim Co., Ltd.”). In general, the Defendant took charge of accounting of the above Company’s financial management, deposit and sales management, credit transaction management, etc., and for the same period, the Defendant was in charge of accounting of E Company and F Company, a personal business operator who is the representative director of the said Company D, as well.

On April 17, 2018, the Defendant, at the office of the above victim company, was in custody of the said company’s money in the company’s account (G) on behalf of the said company, and was transferred KRW 1,000,000 from the said account to the post office account (H) in the name of the Defendant and used arbitrarily for personal purposes, such as living expenses, etc., from that time to May 27, 2019, the Defendant used KRW 424,19,351 in total for the personal purpose, such as the list of crimes, from that time to May 27, 2019.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to I;

1. A statement of financial transactions, the details of deposits in an individual account, the details of deposits in an individual account, the statement of accounts by account, the accounts of the C-corporate bank in a plan for the settlement of accounts, the C-corporate bank accounts (K), the F-company bank accounts (L), and the E-company bank accounts;

1. Previous records of judgment: Criminal records, investigation reports (period of repeated crime of a suspect and confirmation of the same kind of criminal records), judgment, personal confinement status, application of Acts and subordinate statutes to the inquiry into consolidated cases;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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