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(영문) 서울동부지방법원 2021.01.12 2020고단139
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, from September 2018, 2018, worked for the position of the branch president at the 2nd office of "D" located in the victim C's office in Gyeonggi-nam-si B, and has been engaged in the duties of delivery, entry and departure, and delivery and management of delivery and delivery.

1. On November 20, 2018, the Defendant: (a) received an order from the victim of the above office to employ a monthly-paid delivery engineer; (b) received money of KRW 29 million to be used for the payment of the said amount from the Defendant’s E BankF account; and (c) used the money for the victim’s business on behalf of the victim; and (d) used the money for the personal purpose, such as reimbursement of the Defendant’s debt, Internet gambling money, etc. at that time.

2. On March 1, 2019, the Defendant non-business embezzlement of a chain store kept in the headquarters system was connected to the free entrance deposit system of the headquarters at around 20:26, and transferred KRW 5 million to the said bank account under the name of the Defendant, and used for personal purposes, such as living expenses, around that time.

Accordingly, the Defendant embezzled the total amount of 34 million won of the victim's property.

From September 2018, the Defendant has been engaged in the duties of the branch president at the “D” U.S. 2 branch office operated by the victim C, which was located in the Gyeonggi-si Office B from mid-2018, and has been engaged in the duties of the branch president, such as delivery, entry and departure, and management of delivery articles.

On December 1, 2018, the Defendant collected KRW 5,636,200 in total over 131 times from January 1, 2019 to February 10, 2019, from the virtual account operated by the victim, from the virtual account of H bank, which is the Defendant’s individual virtual account, to the virtual account of H bank (Account Number: I) that is managed by the Defendant, with the right to enter and leave the free release system of the head office, and collected KRW 5,636,200 in total from January 1, 2019 to March 14, 2019 in the same manner.

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