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(영문) 창원지방법원 통영지원 2018.08.30 2018고단385
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the forgery of private documents and the uttering of a falsified investigation document.

Reasons

Punishment of the crime

From August 14, 2007 to July 17, 2017, the Defendant: (a) was a victim C, a representative director of the Victim D Co., Ltd., and was engaged in overall duties such as company revenue, expenditure, asset management, etc. while serving in accounting with the victim D Co., Ltd.; and (b) was adopted as the two women of E, the father of the victim C on April 30, 2015 and between the victim C and the South.

On the other hand, the victim C received the above D Co., Ltd. from the above E on around 2012, and operated the above D Co., Ltd. as the representative director, and had the Defendant, who received the above D Co., Ltd, manage the identity card, certificate of seal impression, certificate of seal impression, official certificate, D Co., Ltd., and all access media related to financial transactions such as passbook and card in the name of the victim C and the victim Co., Ltd., and handle the above business affairs.

1. The Defendant: (a) while managing the passbook, etc. of the victim company while carrying out the business of keeping the funds of the victim company in custody; (b) around November 6, 2012, at the H H branch office of the G association located in the G association located in the FF on the part of November 6, 2012, voluntarily withdrawing KRW 10,000 from the G association account of the victim company’s G association account; and (c) deposited in the Defendant’s G association account (J) and consumed it for personal purposes; and (d) from around that time to June 30, 2017, the Defendant voluntarily consumed the amount of KRW 409,634,00 of the company’s funds kept for business of the victim company for a total of 84 times, such as the statement in attached Table (1).

Accordingly, the defendant embezzled the property of the victim company that was under custody in the course of business.

2. As above, while the Defendant, while managing the passbook, etc. of the victim C, kept funds owned by the victim C, such as the profits from the lease of real estate, etc., from the Internet banking account (L) account in the name of the victim C by using Internet banking at the Defendant’s home located in Gyeongnam-si, around January 2, 2015.

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