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(영문) 서울동부지방법원 2014.09.25 2014고단1893
업무상횡령
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 17, 2011, the Defendant entered the accounting office in the (State)C, and was in charge of accounting affairs such as the overall affairs and the execution of funds in the (State)C and the victim (representative E) D (representative E). The Defendant was willing to embezzled the Company’s funds by advertising that the Defendant had a new bank passbook under the name of the victim (State)D due to the defect in monitoring and supervising the execution of funds while going outside the said E.

Around April 17, 2012, the Defendant: (a) transferred KRW 1,00,000 from the said new bank account (G) to the new bank account (H) account in the name of the Defendant through Internet banking (TM) (H) around April 17, 201; (b) around 346 times from November 16, 201 to February 12, 2014; (c) transferred KRW 401,14,598 from the new bank account in the name of the victim (G) to the new bank account in the name of the Defendant; and (d) transferred KRW 1,00,000 from the said new bank account to the new bank account in the name of the Defendant’s name (H) to the Internet bank account in the name of the Defendant; and (d) transferred KRW 346 times from the date of the said crime to February 12, 2014 to the victim’s account in the name of the Defendant’s account in the name of the victim (hereinafter referred to 2.12) to the said account;

Accordingly, the Defendant embezzled the victim's property (362,386,856).

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including the statement to the third and fourth J)

1. Each police statement made to J;

1. The detailed statement of account settlement, the detailed statement of account transaction, the detailed statement of embezzlement on the complainant's side, the details of embezzlement submitted by the complainant, the details of embezzlement recognized by the defendant / the details of embezzlement by the complainant / the statement of individual method of embezzlement and the detailed statement of account transaction, and the details of embezzlement.

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