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(영문) 대전지방법원 천안지원 2020.02.21 2019고단1415
업무상횡령등
Text

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

Reasons

Punishment of the crime

The defendant, from December 2, 2016 to September 2018, was engaged in the purchase and sale management of the above company, accounting and general affairs of bank affairs, etc. as a proxy of the management team of the victim in Seo-gu, Seo-gu, Seo-gu, Incheon Metropolitan Government.

1. On February 19, 2017, at the office of the victimized company around 19:21, the Defendant embezzled the victim’s property by arbitrarily withdrawing KRW 30,00 from the D Bank account (E) in the name of the said company, which was kept for business by using Internet banking, to his own F’s account, and by either arbitrarily withdrawing KRW 30,000 from the D Bank account in the name of the said company (E) and by means of credit transfer or account transfer from August 31, 2018, as shown in attached Table 1, seven accounts in the name of the victimized company that he/she kept for business until August 31, 2018, where seven defendants were in the name of the victimized company that was in the name of the victimized company that he/she had been managing for business purposes, from the time on which G Bank H, Enterprise Bank I, D Bank J, Ko Bank, Ko Bank N, M BankN, and M BankO embezzled embezzled the victim’s property.

2. On May 22, 2017, the Defendant in breach of occupational duty, despite the occupational duty to use the corporate card in the name of the victimized company in the name of Q in Q “P,” located in P on May 2, 2017 only in relation to the company’s business, in violation of such duty, acquired the same amount of property profit by settling the corporate card with the above corporate card, and inflicted property damage equivalent to the same amount on the victimized company, and caused the damage to the company equivalent to the same amount of property. In the above manner, the Defendant used three M Card R (attached Form 2), G Card S (attached Form 3), and D Card (attached Form 4) for non-business purposes, acquired property profit equivalent to KRW 55,045,211, and suffered property damage equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. inquire into the certificates of enterprise bank, certificates of transfer of banks, and the results of transfer of banks;

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