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(영문) 서울서부지방법원 2015.06.23 2015고단471
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, from June 2008 to December 201, 2010, is the victim C Co., Ltd. located in Seongbuk-gu, Sungnam-gu, Sungnam-si, and from June 2012 to June 201, the Defendant is a person who works as an accounting officer from the victim “Co., Ltd. D” located in the same location.

The Defendant held a passbook, card, etc. in each of the above companies, and held all of the accounting affairs, such as money deposit and withdrawal, and did not withdraw the amount exceeding the amount approved by the representative director, or did so by way of personal use of the difference after withdrawing the fund from the company under the name of four major insurance premiums to be paid by the company.

1. While the Defendant kept the above company’s funds at the National Bank account (E) in the name of the victim C, and embezzled KRW 114,284,220, total sum of 17 times from the above date to November 3, 2009, as stated in the [Attachment 1] No. 17, including withdrawing KRW 7,068,050 from the Samsungdong-dong Samsungdong’s Samsungdong’s Samsungdong Branch and using it for an unpersonal purpose, on December 30, 2008.

2. On January 10, 2013, while the Defendant kept the funds of the said company at the national bank account (F) and Switzerland bank account (G), and embezzled KRW 1,228,160, out of KRW 2,456,320, which was deposited in the said company’s office for the payment of health insurance premiums, etc., for the personal purpose as indicated in [Attachment List Nos. 18 through 37] from the above date to June 30, 2014, the Defendant arbitrarily consumed the funds of KRW 33,062,05 in total from the above date to June 30, 2014 for the personal purpose of the said company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Each written opinion of the complainant and the complainant's agent shall be attached;

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