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(영문) 수원지방법원 2017.06.15 2016고단8175
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2015, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the method of flooding, and the judgment became final and conclusive on December 23, 2015.

From July 1, 2004 to September 13, 2013, the Defendant is a person who was working for the Secretariat of the General Department of Affairs, the International Department of Affairs, and the Academy of Chicago in C (hereinafter referred to as “victim Corporation”) as an employee of the Victim Corporation, including having worked as the secretary of D, who is the president (representative) as an employee of the Victim Corporation.

At the time of working in the victim corporation, the defendant received and kept the corporate card of the victim corporation so that it can be used when necessary for the performance of duties of the victim corporation, and only when necessary for the performance of duties of the victim corporation, there was a duty to manage and execute the funds of the victim corporation, such as paying the payment by using the above corporate card.

Nevertheless, on January 16, 2010, the Defendant: (a) purchased precious metals, such as 6,025,981 won (the amount paid by the victim corporation at the exchange rate at the time of payment of the credit card price, hereinafter “41,80m Kao”) from a local currency; (b) embezzled an amount equivalent to the same amount by settling the price using the said corporation’s card (VSAF credit card); and (c) embezzled the amount from January 16, 201 to January 16, 201, for the purpose of using the Defendant’s personal purpose or raising cash after purchasing it at the “E” store located in Makao, a precious store located in Makao, or after purchasing it; and (d) embezzled 24,257,274,274, and 257,200 won by using personal goods by using the victim’s card at the rate of exchange, which was paid by the victim corporation for 45 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (in addition to a copy, etc. of card No. C used by A), payment records of the card of the Defendant-used Corporation, and passbook No. 1 of the victim corporation.

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