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(영문) 인천지방법원 2016.04.27 2015고단8127
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 28, 2003 to September 23, 2014, the Defendant is a representative director of Yeonsu-gu Incheon Metropolitan Government J M2002, who has overall control over the management and fund management while operating the above company.

1. The defendant, while holding office as the representative director of the above company as the victim, has been in charge of the management of funds, etc., has raised funds by advertising in cash as if he pays wages to K and L, or by transferring funds to a new bank passbook (M), etc. in the name of K to use them;

A. The Defendant: (a) was in the custody of the said Company’s funds at an irregular place on May 201; (b) however, despite that K did not actually engage in a work at the said Company, he/she was registered as an employee on the premise of embezzlement; (c) withdrawn KRW 2,514,180 from the Company’s account under the monthly salary; and used it for personal purposes around that time; and (d) from that time until September 2014, he/she deposited KRW 103,825,120 in cash or transferred it to the said bank account under the name of the said Company; and (c) was embezzled by using it for personal purposes at that time.

B. On May 2010, the Defendant: (a) had been in custody of the said Company’s funds at an unspecified place; (b) had been registered as an employee on the premise of embezzlement; (c) had withdrawn KRW 837,640 from the Company’s account under the pretext of L month and used it for personal purposes around that time; and (d) had withdrawn KRW 44,58,985 in cash or transferred it to the said new bank account under the name of K until September 2014; and (c) had embezzled it for personal purposes at that time.

(c).

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