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(영문) 서울서부지방법원 2013.09.25 2012고단2735
업무상횡령
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

Defendant

Annex B among the facts charged against B

Reasons

Punishment of the crime

1. Defendant A is a person who served as the head of the victim H H business operated by G. A. A.

On May 14, 2008, the Defendant received 50,000 won through the Defendant’s Agricultural Cooperative Account (J) and embezzled it by arbitrarily consuming it as living expenses, etc., by stating that the Defendant had a person in charge of accounting and management of the company funds at the office of the above victim’s office located in Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government I, that he had a person in charge of accounting and management of the company funds.

From that time to August 26, 2011, the Defendant embezzled KRW 52,983,750 in total as the name of business expenses, entertainment expenses, etc. over 142 times, as shown in the attached list of crimes (1).

B. On July 5, 2010, the Defendant’s occupational embezzlement under the name of the Company K K’s wage.

At the same place as in paragraph (1), the defendant's wife K was falsely reproduced as an employee of the above company, and 2,000,000 won was arbitrarily transferred through K's community credit cooperatives account (L) for the benefit purpose and embezzled.

From that time to October 5, 201, the Defendant embezzled total of KRW 32,00,000,000 on 16 occasions, as shown in the attached list of crimes (2).

2. Defendant B is a person who served as the accounting of Victim H Co., Ltd. operated by G.

On July 3, 2008, the Defendant: (a) transferred KRW 10,000 from the corporate bank account (N) in M’s name, which is a company fund management account, to the corporate bank account (O) in the name of the Defendant; and (b) embezzled the money by voluntarily consuming it as stocks and for the purchase cost.

In addition, from that time to December 29, 2010 to that time, the Defendant’s account is the remainder of KRW 63,832,00,00, excluding the sum of KRW 6,201,00, the sum of KRW 48,59,74,94, 96, 107, and 110, excluding the sum of KRW 6,201,00,00 in total 110.

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