(영문) 서울동부지방법원 2017.11.23 2016고단3653

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(영문) 서울동부지방법원 2017.11.23 2016고단3653

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, from February 2, 2014 to March 2016, worked as the head of the management office in charge of the overall management of E’s plastic skin management office from E to E’s management office in Gwangjin-gu Seoul Special Metropolitan City. The Defendant, while taking charge of the overall operation of the above department, such as the facility management personnel of the above department, stated the source of suspension from office and day duty, the list of daily workers, the amount of wages, the receipt number of benefits, etc., and filed a claim for benefits with the above victim, and the victim, when he remitted money as stated in the written claim for benefits submitted by the Defendant or paid benefits in cash, was in charge of duties that the Defendant

On September 2015, the Defendant entered the list of workers as if the F had worked in the above management room even though the mother F of the Defendant was not working in the above management room of the above department, and filed a claim for benefits with the victim.

The Defendant had the victim decide on the payment of benefits, and received KRW 2,479,49,490 from the victim on October 5, 2015 to the account in the above F’s name as benefits, and received KRW 42,224,70 from the victim on February 5, 2015 to March 7, 2016, total sum of KRW 29,00 from the victim on 29 occasions, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of a witness G, H, I, J, K, and D;

1. Statement made by the witness D in the third public trial records;

1. Statement made by a witness in the eight-time public trial records;

1. The defendant and his defense counsel asserted that the crime of fraud is not established as the defendant's written complaint of D [the defendant and his defense counsel have used some amount of money transferred to the defendant's or his branch's account in cash for the payment of wages to the part-time students.

According to the evidence submitted by the defendant, the defendant is the defendant.

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