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(영문) 인천지방법원 부천지원 2018.01.12 2017고단963
업무상횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

(2) the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who was the actual representative director of victim F Co., Ltd. established from March 31, 2004 to October 28, 2015 and was engaged in the overall management and supervision of the funds of the victim company. Defendant B is a person who was in charge of the fund management in the victim company from March 31, 2007 to March 5, 2015 and was engaged in the business of auditing, accounting, and accounting director of the victim company from March 31, 2007 to March 5, 2015.

1. Around January 3, 2006, Defendant A received KRW 100,000 from the victim company located in Gangseo-gu Seoul Metropolitan Government's office for the victim under the pretext of provisional payment, which was the victim's possession and was in custody for the victim, at the victim company's office located in Gangseo-gu Seoul Metropolitan Government. At that time, Defendant A arbitrarily used it as the

In addition, from around that time to December 29, 2014, the Defendant received the total amount of KRW 313,038,837 from 606 times to the bank account under the name of the Defendant or the Defendant’s wife H, etc. for the purpose of provisional payment, and then arbitrarily used it as the Defendant’s children’s children school expenses, personal credit card payments, loans, personal living expenses, etc.

Accordingly, the Defendant embezzled the property in the course of business on behalf of the victim.

2. Around January 1, 2006, Defendant B transferred KRW 200,500 from the new bank account in the name of the Defendant, which was kept the victim’s corporate funds in the office of the victim company located in Gangseo-gu Seoul Metropolitan Government, to the national bank account in the name of the Defendant, and used it at will as the Defendant’s personal living cost.

In addition, from around that time to December 31, 2014, the Defendant’s total amount of 811 times, as indicated in attached Table 2.

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