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(영문) 부산지방법원 서부지원 2018.01.10 2017고단1072
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, “2017 Highest 1072,” was in charge of the management and administration of the funds of the victim C’s in-house director established for the purpose of housing construction business from September 2, 2002 to October 20, 2016.

1. On November 2, 2012, the Defendant, at the office of the victimized company located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, transferred KRW 90,000,000 to the Defendant’s FF account in the name of the victim managed by the Defendant, and embezzled the Defendant’s debt repayment, living expenses, etc. by withdrawing KRW 10,000,000 from several occasions until December 18, 2013, during the course of performing his/her duties, from the time when he/she deposited the money in cash.

2. On May 20, 2014, the Defendant: (a) transferred KRW 2,581,430 of the industrial accident insurance premium of the victimized company from the Korean bank G account in the name of the victimized company to the Agricultural Cooperative account in the name of the victimized company; (b) withdrawn KRW 2,581,430 in cash; and (c) embezzled it by voluntarily consuming the Defendant’s living expenses, etc. in the name of the victimized company.

"2017 Highest 1744"

1. Around May 8, 2014, the Defendant embezzled KRW 90,229,00 in cash from the above account and used KRW 9,50,00 in personal debt repayment and living expenses, etc. from around May 30, 2014 to November 19, 2014 by consuming KRW 66,04,398 in total by the same method as shown in attached Table 18 means, such as a list of crimes, when he/she took over KRW 90,229,00 for the Agricultural Cooperative under the name of the victimized Company.

2. On June 18, 2015, the Defendant entered into a contract with the victimized company for “I” under the contract between the victimized company and the management office of the national land under the permanent territory of the Busan Regional Land Management Office, and entered into an agricultural bank account under the name of the said victimized company as the completion amount.

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