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(영문) 전주지방법원 2017.10.30 2017고단1451
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From April 28, 2015, the Defendant, from around Kim Jong-si, was employed as a contractual-term worker at the joint market of the D Cooperatives in Kim Jong-si, and was in charge of receipt and disbursement affairs, and two cash withdrawals in the above joint market were in charge of the management of cash withdrawals.

In the process of receiving cash from the person in charge of receipt and disbursement of the D cooperative shop, the Defendant used the remittance function of the cash withdrawal machine to transfer part of the cash received from the person in charge of receipt and disbursement work to the Defendant’s personal account, using the fact that the said cash transfer was carried out in the cash withdrawal machine, and embezzled the cash from the Defendant’s account using other financial institutions’ cash withdrawal machine to make cash withdrawal and use it for gambling funds.

1. Around January 6, 2016, the Defendant wired KRW 750,00,000, out of cash received from the person in charge of receipt and disbursement at the above joint wholesale market office, and KRW 1,00,000,000, to the Defendant’s account in the name of the Defendant through cash withdrawal at the joint wholesale market on January 8, 2016. On January 9, 2016, the Defendant embezzled the difference by withdrawing KRW 1,00,000 from the Defendant’s account in the name of the Defendant and inserting it to the said cash withdrawal period from around October 31, 2016 through the aforementioned method, including embezzlement of the difference by inserting KRW 93,041,50,00, as shown in the attached list of crimes, from around October 31, 2016.

2. The Defendant, around July 18, 201, remitted KRW 1,218,60, among cash received from the person in charge of receipt and disbursement affairs at the aforementioned place on or before July 18, 2016, KRW 629,00 on or around July 21, 2016, KRW 349,000 on August 11, 2016, KRW 1,398,60 on or around August 12, 2016 to the Defendant’s account (former North BankF) through a cash withdrawal machine located in the joint market. From around August 12, 2016, the Defendant embezzled the difference by withdrawing KRW 1,701,050 on the Defendant’s account in the name of the Defendant and inserting it during the said period of cash withdrawal from around August 12, 2016, from that time to December 30, 2016.

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