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(영문) 서울동부지방법원 2020.06.17 2020고단1017
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From August 1, 2016 to November 6, 2019, the Defendant, a victim B, an outdoor advertising company located in the second floor of Seongdong-gu Seoul Metropolitan building, was in charge of the victim B’s accounting duties.

Around February 2, 2017, the Defendant, while keeping company funds for the victim at the above victim’s office, transferred KRW 1.60,000 from the new bank account (Account Number D) with the victim’s name to the account of community credit cooperatives (Account Number E) in the name of the Defendant and voluntarily consumed for personal purposes at that time, and then embezzled KRW 146,620,149 in total over 207 times from around that time to July 31, 2019 as shown in the attached Table “crime List (B)” as shown in the “Crimes List.”

2. From March 10, 2017 to November 6, 2019, the Defendant was in charge of the Defendant’s occupational embezzlement of the Victim F Co., Ltd. (former “G”), an outdoor advertising company located in H and the first floor of Seoul Jung-gu, Seoul, and the victim F, an outdoor advertising company.

On November 15, 2016, the Defendant: (a) transferred KRW 772,201 from the new bank account (Account Number I) account in the name of the victim to the above community credit cooperative account in the name of the Defendant; and (b) voluntarily consumed for personal use around that time; (c) and (d) embezzled KRW 2,838,324 in total on four occasions from around that time to February 26, 2018, as indicated in the attached Table “Crimes List (F)” as the same, while working in the said manner, he/she wrongfully consumed and embezzled KRW 2,838,324.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes on account details;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) (main sentence for each victim) of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Legal penalty;

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