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(영문) 춘천지방법원 영월지원 2020.04.21 2019고단563
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant is a person who is working in the Vietnam Dawing Office of the Victim B, a corporation established for the purpose of overseas travel business and travel agency business, and was in charge of fund-related business with the accounts of the Victim Company from January 30, 2018 to July 11, 2019.

From July 5, 2019 to November 1, 2019, the Defendant, at the office of the injured party B’s head office located in the Vietnam-si hotel C hotel, embezzled money of 355,950,000 Gad and options received from the travelr stored in the iron safe managed by the Defendant, such as hotel settlement expenses, and 18,473 Bad and 2,150,000 Gad and 18,473 (Korean US dollars 2,2150,000) located in the Dag-si casino.

2. 사기 피고인은 위 1항 기재와 같이 회사자금을 횡령한 사실이 들통날 것이 두려워 도피하기로 마음먹고 2019. 7. 11.경 베트남 쾅남다낭주 다낭에 있는 베트남 다낭 국제공항에서, 피해자 주식회사 B의 통장과 계좌를 관리하는 직원인 D에게 업무상 필요하니 돈을 보내달라고 거짓말을 하였다.

However, even if the defendant received money, he thought that he will use it as the escape fund, and he did not think that he will use it for the purpose of business.

Along on 14:34 on the same day from D, the Defendant deceivingd D as such, and acquired 10 million won through the Agricultural Cooperative Account in the name of the Defendant’s living together, the Defendant acquired.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes concerning the complainant's business registration certificate, the closure screen of the contents of the conversation, and the embezzlement of corporate subscription money;

1. Relevant legal provisions concerning criminal facts, Articles 365 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 347 (1) of the Criminal Act (the point of fraud), and the choice of imprisonment, respectively;

1. Article 37 of the Criminal Code among concurrent crimes.

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