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(영문) 의정부지방법원 2016.05.11 2016고단98
업무상횡령등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the representative director of the Victim C Co., Ltd (hereinafter “victim”) located in Sungnam-si building B from November 15, 2013 to January 28, 2015, is a person who has overall control over the business of the company and has been engaged in the business of managing the company’s funds.

1. The Defendant was in a relationship with a customer;

D As the data on tax returns on sales and purchase of the victimized company did not fit, it made it false to make the most purchase transaction relationship in the form of return after remitting the company's funds. After remitting the damaged company's funds to D, it was intended to embezzled the company's funds by means of a method of returning the funds to the personal account after remitting them to D.

On October 15, 2014, the Defendant obtained D’s consent by making a false statement at the damaged company’s office as above, and then transferred KRW 15,490,000 to the Saemaul Treasury account in the name of the victimized company under D under the pretext of construction cost. On the same day, D transferred KRW 14,00,000 from the Defendant’s wife E in the name of the Defendant’s wife E from the Saemaul Treasury account, and thereafter, D embezzled by consuming the Defendant’s daily consumption of living expenses and other personal purposes.

2. The cards of corporations in occupational breach of trust shall be used only for the purposes directly related to the operation of the company or performing the business of the company;

Nevertheless, on January 20, 2014, the Defendant violated the above occupational duties, and caused the Defendant’s wife E to pay KRW 50,000 with the ELP charging amount from G oil stations located in Yang-si F in Yang-si, thereby using the corporate body C Card for personal purposes, from that time to August 13, 2014, the Defendant paid KRW 1,29,275 in total with the corporate body card by the same method as indicated in the list of crimes in the attached Table, and used it for personal purposes.

Accordingly, the defendant is a corporation card.

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