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(영문) 서울서부지방법원 2020.01.22 2019고단3114
업무상횡령등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, from October 2009 to September 19, 2018, was in office as the head of the management support team of the victim D Co., Ltd., Ltd., located in the Guang City building C, and was engaged in accounting and fund affairs, and the victim E, a corporation located in the same address, was also engaged in the same duties.

1. The Defendant, who is in office as an internal director, thought that he arbitrarily used the funds of the victims' company to raise funds for the business of G prop joint development projects implemented by F.

On January 20, 2017, the Defendant, at the above victim E company office, was in custody of the funds for the said victim company as a business, withdrawn cash from the said victim company’s Nong account, and subsequently consumed at will for personal purposes.

From around that time to January 12, 2018, the Defendant released the funds of the Victim E, Co., Ltd., Ltd., or transferred them to the Defendant’s personal account at least 31 times in total, as indicated in attached Table 1 to 31, and consumed KRW 130,00,000 in total, from January 24, 2018 to June 29, 2018, and from January 24, 2018 to June 32 to 47, 2018, the Defendant used KRW 130,000 in total after transferring the funds of the Victim D, Inc. to the personal account of the Defendant, etc., including the Defendant, for 16 times in total.

Accordingly, the defendant embezzled the victims' company's property.

2. The Defendant in occupational breach of trust had occupational duties to use the corporate card of the victim E company for the purpose of performing duties of the victim company.

Nevertheless, on October 4, 2016, the Defendant violated his duty in Seoul and below, thereby allowing H to use the victim company’s corporate card to be used by F’s operator, a stock company, and H to pay KRW 50,000 by the victim company’s KB credit card (J).

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