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(영문) 청주지방법원 2013.05.29 2012고단2582
업무상횡령등
Text

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

Reasons

Punishment of the crime

From November 201 to September 6, 2012, the Defendant was engaged in the management of funds and the preparation of documents from the victim (state) D, who had an office in the Chungcheongbuk-gun C, as accounting staff, and kept and managed the bank passbook (Korean bank, E), and corporate card (non-CC card, and F) of the victim in the course of business.

1. Around 14:05 on January 20, 2012, the Defendant transferred KRW 500,000 to the Defendant’s bank G account in the foregoing bank passbook, which was kept for the victim by using the Internet banking at the office of D, and embezzled by arbitrarily consuming it as living expenses, etc.

From around that time to August 24, 2012, the Defendant embezzled KRW 26,772,462 by transferring the sum of KRW 26,72,462 from the above corporate account opened for business 19 times, such as the list of crimes (1) as shown in the attached Table of Crimes (1).

2. Since the above corporate card of the victim of occupational breach of trust was used only for the purpose of paying expenses related to the business of the victim company, the defendant had a duty to not use the above corporate card for his personal purpose.

Nevertheless, around February 12, 2012, the Defendant purchased the clothes equivalent to KRW 254,200 to be used by the Defendant in the “I” shop located near H department stores, Cheongju-si, Cheongju-si, and settled the price with the said corporate card of the victim, thereby causing property damage equivalent to the same amount to the victim.

The Defendant, including that, from around that time to September 14, 2012, used the said corporate card as indicated in the list of crimes (2) in total 159 times to make personal payments equivalent to 14,650,250 won, and acquired the same amount of property profits and sustained damages equivalent to the same amount for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. The written statement of the defendant;

1. The results of the transfer, the certificate of transfer, and the details of the use of ABC card (the list of crimes);

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