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(영문) 서울중앙지방법원 2018.11.08 2018고단2538
업무상횡령등
Text

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years on July 27, 2017, in the support of the Sungnam branch of Suwon branch of Suwon branch of July 19, 2017, due to criminal fraud, etc., and the judgment becomes final and conclusive on July 27, 2017.

[Criminal facts]

1. From August 2016 to March 2017, the Defendant was employed as an employee in charge of accounting of the Victim-In-Law Bank Co., Ltd. from around August 2016 to March 1, 2017, and the victim company proceeds in the Myanmar.

A. On February 27, 2017, the Defendant committed the crime at the construction site of Myanmar on or around February 17, 2017, and embezzled the said money by voluntarily consuming it for personal purposes, such as gambling, etc., among the funds of the victim company that the victim company signed on the site E, and deposited in the said CB bank, from among the funds of the victim company that the victim company deposited in the said CB bank, sold USD 17,425 ($ 20,038,750) on two occasions as the cost of goods distribution, and embezzled the said money for personal purposes, such as gambling.

B. On March 20, 2017, the Defendant embezzled USD 49,200 ($ 55,05,600 equivalent to KRW 600) out of the said money for personal purposes, such as gambling, by voluntarily consuming it for the personal purposes of gambling, etc., on March 20, 2017, as the victim company was in possession of CB Bank Capitals, which was signed by F, the head of the victim company, for the purpose of withdrawing the glass factory down payment to be paid by the glass contractor. As such, the Defendant embezzled USD 185,289 out of the funds of the victim company deposited in the said CB Bank, which was in custody for the victim company.

2. On June 5, 2017, the Defendant issued a false document forgery or a false investigation document to use a mobile phone in the name of the J without the consent of the J, which is the victim of the Defendant’s double birth, at the “I” mobile phone agent operated by H located in Gangnam-gu Seoul Metropolitan Government, and presented the J’s passport photograph prepared prior to the opening.

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