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(영문) 서울중앙지방법원 2017.10.26 2017고단5844
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. From August 11, 2014 to January 24, 2017, the Defendant was engaged in the accounting of the purchase and sales slips, the issuance of tax invoices, and the issuance of company security slips at the victim corporation B, a corporation established for the purpose of electronic and manufacturing sales business from August 11, 2014 to January 24, 2017. Around October 20, 2014, the Defendant increased the existing amount specified in the company’s electronic accounting program “the head bank” in the victim’s office located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, by raising the existing amount specified in the company’s electronic accounting program “the head bank”’s withdrawal slips at the victim’s office located in Yongsan-gu, Yongsan-gu, Seoul, and then collected KRW 10

In addition, 35,290,000 won in total, as shown in attached Table 1, from around that time to January 9, 2017, aggregate of 35,290,000 won in total, as shown in attached Table 1.

At around that time, the victim's property was embezzled by arbitrarily using it for personal purposes, such as living expenses and credit card payments, etc. at a daily center in Seoul Metropolitan City.

2. The Defendant, as a person in charge of accounting affairs of the victim company, has a duty to properly use the corporate card under the victim company’s name to ensure that the victim does not incur any loss by using the card in its original purpose, such as the provision of staff meals and meal expenses, purchase of office supplies, etc.

A. Nevertheless, the Defendant violated the above duties and purchased a personal knife with the credit card (D) of Han Bank, a corporate card in the name of the victim, in terms of Emba-dong, Seoul Gwangjin-gu, Seoul, on November 4, 2014, and paid KRW 120,080,000 from that point of view. From that point of view to March 31, 2016, the Defendant acquired financial benefits equivalent to KRW 19,568,137 in total by using the corporate card in the name of the victim for personal purposes for a total of 354 times from that point of time to March 31, 2016.

B. In addition, the Defendant violated the above duties and around August 11, 2015.

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