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(영문) 인천지방법원 2013.12.19 2013고단3338
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From the end of May 2007 to October 14, 2012, the Defendant served as the victim (state) accounting staff and took charge of the company’s fund management duties.

1. The Defendant: (a) managed 7 accounts, etc. of national bank accounts, etc. in the name of the victim company; and (b) one account of corporate bank accounts, etc. in the name of the victim company; and (c) kept the funds of the victim company on behalf of the victim company, such as

On August 21, 2007, the Defendant embezzled funds of KRW 147,020 from the victim company office located in Seo-gu Incheon, Incheon, to the account of the above E company bank in the name of the Defendant and embezzled them by voluntarily consuming them as living expenses, etc.

As above, the Defendant embezzled total of KRW 344,081,806 by the same method over 252 times, as indicated in the crime sight table (1-10) between May 15, 2007 and September 26, 2012.

2. Occupational breach of trust;

A. Use 1 of the corporate card) The Defendant’s sole criminal defendant was delegated by the victim company to use in connection with his/her business, and received one copy of the corporate card of the National Bank (the card number: G) and therefore, there was an occupational duty to use the said corporate card in relation to the business of the said company. Nevertheless, around August 22, 2009, the Defendant violated his/her duty and purchased an insurance policy for He/she was the husband, at the above victim company’s office, for the 487,160 won, and paid the insurance premium with the above corporate card, and acquired the same pecuniary profit and sustained property damage equivalent to the same amount in the victim company. As such, the Defendant, from around that time to August 12, 2012, acquired a total of KRW 1,912,960 by the same four means as indicated in the list of crimes (11) and suffered property damage equivalent to the same amount as the victim company’s property damage).

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