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(영문) 울산지방법원 2019.03.14 2018고단3141
업무상횡령등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant, from June 2017 to March 2018, was engaged in the management of the company’s account and the execution of funds as the accounting staff of the Ulsan-gu Victim C Co., Ltd.

On July 5, 2017, the Defendant, while keeping funds deposited in the corporate bank account in the victim’s name on business for the victim, transferred KRW 1,200,000 out of the above funds to the corporate bank account in mind at the above corporate office, and consumed them under the name of living expenses, etc.

From around that time to March 30, 2018, the Defendant transferred the total amount of KRW 81,980,829, which was kept for the victim by the same method over 31 times from Ulsan Daily to the account in the name of the Defendant and consumed it for personal purposes.

As a result, the defendant embezzled the victim's property in breach of his occupational duty.

2. In order to raise money to repay personal debts, the accused of forging private documents and uttering private documents did not have authority to open a mobile phone in the name of the representative director D of the above company and received loans as security.

On February 12, 2018, the Defendant, via her husband E, asked H to the effect that “A company president, prepares an application for membership in lieu of the need D, and submit a mobile phone to the mobile phone operator to open the mobile phone.”

He accepted this, using the pen in the form of a mobile phone application form, entered the name of the subscriber and the applicant column into the name of “D” and “I” in the date of birth, and submitted it to the staff in charge of J, Co., Ltd. in the name of the claimant and the applicant column.

Accordingly, the defendant has forged and exercised one copy of a mobile phone entry application concerning rights and duties for the purpose of exercising them.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. D. D.

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