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(영문) 의정부지방법원 고양지원 2016.10.06 2016고단1111
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant worked from January 201 to September 30, 2014 for the purpose of manufacturing, selling, etc. computer hardware in Linos Co., Ltd., Ltd., and was in charge of the calculation and payment of wages for the employees of the victim company.

While carrying out the above duties, the Defendant prepared a benefit ledger of the employees of the victim company, and then delivered the benefits transfer file to the principal bank with the approval of the head of the management support headquarters and the representative director, the principal bank transferred the benefits to each employee according to the contents of the benefits transfer file delivered by the Defendant. During that process, using the fact that the details of the benefits of each employee are not stated in the victim company’s deposit passbook, but only the total amount of the benefits are stated in the benefits ledger, the method of entering the victim company’s benefits more than the benefits to be actually paid to each employee of the company, the method of entering the retired employee in the benefits ledger as yet not yet withdrawn, the retired employee would be retired at the end of the month, and then embezzled the difference between the benefits to be actually paid and the benefits to be actually paid by the method of obtaining approval.

On April 25, 2011, the Defendant: (a) prepared a benefit transfer file in which the sum of KRW 17,847,710 and KRW 21,391,91,919 are remitted to his/her own account; (b) prepared a benefit transfer file in which the sum of KRW 17,847,710 and KRW 21,391,91,919 are remitted to the principal transaction bank; (c) had a person in charge of the name of the principal transaction bank remit KRW 21,391,91,919 in the name of the principal transaction bank to his/her account on April 25, 2011; and (d) embezzled KRW 17,847,710 in the Defendant’s account.

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