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(영문) 의정부지방법원 고양지원 2016.05.13 2015고단965
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 February 1, 2013 to May 8, 2014, the Defendant engaged in the business of managing the funds and accounts of the victim E Co., Ltd. (hereinafter referred to as “victim E”) located in Goyang-si C (D University Industry-Academic Cooperation Officer 327) (hereinafter referred to as “victim E”).

1. Occupational embezzlement;

A. On February 25, 2013, the Defendant withdrawn KRW 5,000,000 from the account while working for the victim’s corporate bank account at the above victim’s office for business purposes, and used it as living expenses, etc.

From around that time to April 9, 2014, the Defendant consumed the total amount of KRW 9,479,000 of the funds of the victim company, which was kept on behalf of the victim company by the same method over a total of 10 times (except No. 9) as indicated in attached Table 1, as indicated in attached Table 1.

Accordingly, the defendant embezzled the property of the victim while on duty.

B. On February 2, 2013, while keeping the funds of the victim company as above, the Defendant embezzled the amount of 10,584,080 won in total over 487 times in the manner of treating the amount individually used as the expense of the victim company by treating the amount of 74,000 won by means of a credit card in the name of F, Defendant’s wife, as the expense of the victim company, as well as embezzlement of the funds of the victim company by treating the amount of 74,000 won in the name of the victim company as the expense of the victim company.

Accordingly, the defendant embezzled the property of the victim while on duty.

2. Since the Defendant in occupational breach of trust has been engaged in the business of managing funds and accounts of the said victim company, there was a duty to use funds for the business of the victim company.

Nevertheless, on March 7, 2013, the Defendant paid 49,000 won of personal drinking value by the victim company’s corporate card at the H’s main point located in Seo-gu, Seo-gu, Seo-gu, Seoyang-gu, Seoyang-gu, Busan, as well as by using a corporate card for personal purposes, such as the victim’s corporate card in attached Table 2.

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