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(영문) 수원지방법원 안양지원 2018.02.20 2017고단1543
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, from March 20, 2013 to March 20, 2013, has been engaged in accounting, accounting, corporate card, and fund management of the victim D Co., Ltd. with the victim C building No. 1409 of the Gu building No. 1409.

1. The Defendant in occupational breach of trust had a duty to use the victim company’s business only for the purpose of its business because he was in custody of the victim company’s name.

Nevertheless, the Defendant violated his duties and then settled the amount of money equivalent to 20,065,527 won with the victim's name company ScC card at around Jun. 4, 2013 at the victim company's office located in Ansan-si (hereinafter referred to as 1409), and without permission, at the Internet shopping mall G-market to purchase household goods equivalent to 102,300 won, and paid it by the above company's ScC card. From that time to January 7, 2017, the Defendant paid 20,065,527 won with the victim's name company's ScC card at around 199 times in total, such as the list of crimes (1) in attached Form 1.

2. Around March 20, 2015, the Defendant: (a) was engaged in the business of keeping security cards, seals, etc. of the victim company’s foreign exchange bank, corporate bank, our bank, and national bank account on behalf of the said company; (b) around that time, the Defendant arbitrarily withdrawn cash amounting to KRW 3,660,000 from the said foreign exchange bank account; (c) from that time until December 7, 2016, the Defendant embezzled cash withdrawal or embezzled by transferring KRW 71,980,000 from the victim company’s name bank, corporate bank, Korean bank, and national bank account to the Defendant’s account in the same way as at December 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to detailed statements on the use of enterprise members, detailed statements on transactions, investigation reports (Attachment of details on transactions with suspect accounts);

1. Relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement) for criminal facts.

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