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(영문) 서울중앙지방법원 2016.04.08 2016고단19
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

The Defendant is a representative director who operates a stock company C (hereinafter “C”) that runs the business of designing, designing, supervising, and conducting the construction and construction of interior design and is in charge of overall management of company funds, execution of funds, etc.

1. The Defendant, through the payment of false benefits, entered his family members, relatives, etc. who do not actually work in C and paid the benefits. After paying the benefits, the Defendant released the passbook to which the benefits are deposited when he manages and sells it.

On March 25, 2009, the Defendant, at the office located in the fourth floor of the building D in Gangnam-gu, listed the Defendant’s dong E in a false manner as the employee of the Defendant’s employee, remitted KRW 945,380 to the National Bank account (F) in the name of the national bank account in the name of E in the name of E, and deposited the said account in cash, and embezzled the amount for personal purposes by using it for the following personal purposes from around that time to August 21, 2015, as shown in attached crime list (1) in attached Form E, E, E, E, H, H, and E-friendly I as the employee of C, and managing the wage account of the said person by sending the amount deposited in the name of payment 101 times in total, including by withdrawing in cash or transferring it to the account of family members.

2. The Defendant, as a result of the payment of false construction cost, has not been engaged in the dynamic E operating the “J”, and LA operating the “K”, the external design firm of C, and the external design firm of C, with the intent to use the funds for personal use by having the said E and L withdraw all or part of the deposited funds after transferring the funds as if the said company performed the external construction work and paid the construction cost in C, or transferring the funds in excess of the actual construction cost, and then withdrawing the funds in whole or in part.

On January 15, 2010, the Defendant at the above C Office, and at the E’s bank account (M) with E, KRW 30 million.

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