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(영문) 서울남부지방법원 2017.03.29 2016고단6329
업무상횡령등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who has been in charge of accounting duties of the Victim C Council from February 20, 2012 to May 31, 2016.

On April 11, 2014, at the victim's office located in Guro-gu Seoul Metropolitan Government D and 201, the Defendant received employment success national subsidies and tuition fees for the management process from four new bank accounts in the name of the victim company and stored for the victim company, and transferred KRW 100,000 to the national bank account in the name of the defendant, and used them for personal purposes such as living expenses at around that time in Seoul Metropolitan City.

In addition, from that time until May 31, 2016, the Defendant embezzled KRW 65,890,738 in total by the same method over 62 occasions, such as the one in the list of crimes in attached Table 1.

2. The Defendant at the time, time, and at a place, such as electronic records, and electronic records, etc., sent to the victim for the use of a computer installed in the victim’s office to manipulate the details of transaction in the victim’s name in order to encourage the victim to be aware of the embezzlement as described in paragraph (1) at the same time and place as that of paragraph (1). The fact was connected on the Internet homepage of the new bank by using the computer installed in the victim’s office. The Defendant, as stated in paragraph (1), was to transfer KRW 100,000 to the Defendant’s name bank account, as if he purchased equipment for the victim company, was falsely inserted into “the content of the passbook” column for “the content of the passbook payment,” and

From that time until May 23, 2016, the Defendant forged the details of the account transaction in the name of the victim, which is a special media record, such as electronic records on proof of facts, with a view to making the victim conduct business affairs through the same method 18 times as in attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police statement to E ( complainant's representative);

1. A copy of each account; and

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