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Reasons
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(영문) 대구지방법원 2020.02.06 2019고단3918
업무상횡령등
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From around May 31, 1995 to May 31, 2018, the Defendant served as an accounting employee of the victim C (the State) in Daegu Dong-gu, Daegu, and was engaged in the business of settling the transaction price of the victim company.

The defendant, who is a business partner of C, has kept the gas price to be paid to D for the settlement of accounts, and has reported it falsely to D as if it had been paid normally to D, and has expressed his intent to consume it for personal purposes after transferring it to the defendant's account.

1. On January 30, 2015, the Defendant: (a) withdrawn KRW 16,400,000 from the office of the said C Co., Ltd. (hereinafter “victim Co., Ltd”)’s employees E to deposit KRW 13,465,860 to the FF bank account in the name of the Defendant among them; and (b) embezzled KRW 13,465,860 on the same day by arbitrarily remitting KRW 4,00,00 to G who is the Defendant’s creditor against the Defendant, from the same day until November 7, 2016; and (c) embezzled KRW 150,50,697 by consuming the sum of KRW 17 times as indicated in the attached list of crimes (1).

Accordingly, the defendant embezzled the victim's property while he has been in custody.

2. Forgery of private documents;

A. On March 7, 2016, the Defendant: (a) did not pay KRW 30,50,000,000,000, which was approved by the representative H of the C (State) representative, to the LABD for the payment of gas proceeds to the KABD; (b) using the computer installed in the C(State) office to the title “Transfer Results Inquiry”; (c) on the date of the transfer to the title “16:15:40 on March 07, 2016; (d) the date of the transfer to the title “A”; (e) the deposit bank “IB”; (c) the deposit account number; (d) the deposit account number; (e) the deposit account amount; (c) the amount to be received “C”; and (e) the contents and result of the indication “C”; and (e) the bottom of the KABF on March 07, 2016.

The defendant is therefore entitled to exercise.

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