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(영문) 인천지방법원 2017.12.13 2017고단3652
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

From January 1, 201 to May 7, 2014, the Defendant worked as an accounting employee of the Victim D Co., Ltd. (hereinafter “D”) located in Songpa-gu Seoul Metropolitan Government Office No. 402 (hereinafter “D”), and engaged in the management and disbursement of funds. For Internet banking or cash settlement convenience, the Defendant deposited D funds in three deposit accounts (National Bank, Enterprise Bank, Nonghyup Bank) and two deposit accounts (National Bank, Nonghyup Bank, Nonghyup Bank, and Nonghyup Bank) in the name of the Defendant in the name of the Defendant. Furthermore, the Defendant deposited and managed D funds in six deposit accounts (National Bank, Enterprise Bank, HSBC, CBC, Han Bank, and Postal Bank) in the name of the Defendant.

On January 25, 201, the Defendant transferred KRW 12,473,950 to the deposit account in the name of a national bank in the name of the Defendant for the payment of value-added tax on a corporation, from the deposit account in the name of the national bank in the name of the Defendant for the convenience of payment at the above D office, and withdraws KRW 4,00,000 among them in the course of carrying out business for D and arbitrarily used them for the personal purpose, and appears to have been KRW 37,156,805 in the sum of the total amount of embezzlement in the attached Table 1 through attached Table 10 of the daily list of crimes in the attached Table 1 through attached Table 10. However, since the sum of three times in the attached Table 3 of the indictment is smaller, the above amount is recognized as a criminal fact.

From May 28, 2014 to May 28, 2014, the sum of KRW 455,216,085, which was kept in each deposit account in the name of the accused or in the account in the name of E for D or E, was embezzled for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of E in the interrogation protocol of the suspect against the defendant by the prosecution

1. Statement made by the prosecution against E;

1. A statement of each account transaction in the name of a national bank, a corporate bank, and the Nonghyup Bank, a statement of transaction in the account in the name of a national bank in the name of E, a national card in the name of E, a new card, and an enterprise card, respectively;

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