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(영문) 광주지방법원 2014.07.17 2014고단1873
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant: (a) served as an employee in charge of inventory management, order product delivery, clothing sales, and company operation fund management while working for the clothing sales headquarters in Nam-gu, Gwangju as the employee in charge of accounting from January 2, 2009 to February 21, 2014.

On May 6, 2011, the Defendant reported to the victim as if he remitted the money for goods to the customer within the above company’s office, and paid 2,250,000 won from the victim’s name bank E account to the F’s name bank account.

In addition, from May 6, 201 to February 11, 2014, the Defendant embezzled KRW 156,005,681 in total from the account in the name of the victim where the company operation funds are deposited more than 56 times, such as the list of crimes (1) as shown in the attached Table of Crimes (1), to the Defendant’s seat or family account.

2. The Defendant, a victim of occupational breach of trust, was an employee of D, who should not use the corporate card for any purpose other than the business of the company.

Nevertheless, on October 11, 2013, the Defendant violated his duties, and settled 14,000 won using the victim’s nominal Gwangju Card for personal purposes in the car page of “G” located in the French area below Gwangju.

In addition, from October 11, 2013 to February 16, 2014, the Defendant acquired property benefits equivalent to KRW 13,312,376 by using a credit card in the name of the victim for an individual purpose unrelated to the business of the victim in Gwangju District in total 57 times, such as the list of crimes (2) from around October 11, 2013 to around February 16, 2014, and suffered damages equivalent to the same amount in the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in relation to H;

1. One copy of the embezzlement of corporate funds, the detailed statement of the results of the transfer processing, the details of the transfer, and the details of the use of the corporate card; and

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