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(영문) 인천지방법원 2017.08.10 2016고단7344
업무상횡령등
Text

A defendant shall be punished by imprisonment for six 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

From July 10, 2015 to October 30 of the same year, the Defendant is a person in charge of overall accounting affairs, such as a corporate card or corporate passbook management, corporate fund management, monthly payment of employees, etc., working as the director of the management support team of the victim C (representative D) corporation, a planning company, such as meetings, seminars, etc. in Seoul Jongno-gu Seoul Metropolitan Government B building 2008 from around July 10, 2015.

1. Around August 21, 2015, the Defendant: (a) transferred funds deposited in the bank account (number E) in the victim’s name from the victim’s account to the bank account in the name of the victim on behalf of the victim; (b) transferred the funds from the victim’s account to the bank account in the name of the Defendant’s name (number G); (c) transferred the funds again to the one bank account in the name of the Defendant (H: number) and embezzled the funds from the time of voluntary consumption of living expenses, etc. to October 30, 2015; and (d) embezzled the funds from the time of voluntary consumption to October 30, 2015, as shown in the attached Table 2 of the Crimes List 18,506,585 won.

2. As set forth in paragraph 1, the Defendant in breach of occupational trust, while working as the director of the management support team of the victim, received a corporate card or passbook management, the execution of corporate funds, and the monthly payment for employees, and used it only for the occupational purpose. However, in violation of his/her duties, the Defendant arbitrarily paid KRW 130,000 at the I coffee shop on October 2, 2015, thereby obtaining pecuniary benefits equivalent to the same amount by allowing the victim to make a settlement on behalf of the victim, and thereby causing pecuniary loss to the victim from August 24, 2015 to October 30, 2015, as shown in the attached Table 1 re-1, as shown in the list of crimes, acquired financial benefits equivalent to the sum of KRW 23,650,560 over 138, as well as property damage equivalent to the same amount.

Summary of Evidence

1. The defendant's person;

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