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(영문) 서울남부지방법원 2016.08.10 2016고단1873
업무상횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and eight months, and by imprisonment with prison labor for a period of four months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A (hereinafter referred to as “A”) is in charge of accounting of the victim F and 1207 of Seoul, Guro-gu Seoul, from June 2009 to March 2015, 2015, and was engaged in the management and enforcement of the above company’s funds while managing the account and cash card in the name of the said company. Defendant B was engaged in the business of promoting the same company from April 201 to April 201. The Defendants committed the following crimes by taking advantage of the fact that A was in a position of keeping funds for the damaged company:

1. The Defendants: (a) while working in the same company while, based on the fact that the management of the security payment of the said company was neglected; (b) the Defendants claimed expenses for the victimized company as if they were used for the business of the company by attaching receipts, etc. used for personal purposes; and (c) conspired to withdraw and divide money from the account in the name of the victimized company that Defendant A kept for the company.

(a) Defendant B transferred to H and I’s account in the name of H and I is a foreigner who has a part-time student in our company, “The part-time student in our company is a foreigner.

Therefore, there is no head of the Tong to pay the part-time fee, so once sent to four passbooks.

(2) The notice of this case is delivered to the Board of Governors

In different requests, the injured company filed a claim for the payment of expenses for H and I as part-time expenses for H and the Defendant A knew that H and I had not been translated as part-time, but at the damaged company office located in Seoul, Guro-gu F and 1207, around March 25, 201, transferred the amount of KRW 774,100 from the foreign exchange bank account in the name of the victimized company that he had been in the custody of the said company to H’s account in the name of the victimized company, and Defendant B received the said money from H and divided the Defendants.

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