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(영문) 서울남부지방법원 2016.05.20 2015고단3950
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 2014 to September 5, 2014, the Defendant: (a) served as the general interest of “D” located in the Dongdong-dong City located in the Chinese city operated by the victim C from March 2014 to September 5, 2014; and (b) had the Defendant opened an individual account under the name of the Defendant and keep the said company’s funds, with intent to embezzled the money in the said account.

On September 13, 2014, the Defendant: (a) reported the false loss or loss of the head of the Tong Do, China Co., Ltd. (E) and China Bank (F) established in the name of the Defendant; (b) prevented the Defendant from withdrawing the money of the said company’s goods to another bank account opened in the name of the Defendant; and (c) rejected the Defendant’s request for return, such as transferring the money of the said company goods to the another bank account opened in the name of the Defendant on January 13, 2015.

Accordingly, the defendant embezzled the victim's property.

From March 2014 to September 5, 2014, the Defendant: (a) from around March 2014, to around September 5, 2014, the Defendant was notified by the victim C that “D” was working at the general interest of “D” located in the Pungdong-si city operated by the victim C; and (b) on September 5, 2014, when returning home to Korea with the name of the victim, the Defendant was notified by the victim that “the victim would no longer work at the company,” and the victim was fluencing the victim.

On September 13, 2014, the Defendant retired from a company operated by the victimized party, and subsequently prevented the Defendant from withdrawing the money of KRW 1,582,239 (Korean Won 276,891,825) of the said company’s purchase price of goods, which was deposited in the said account by falsely reporting loss of the passbook opened in the name of the Defendant, and returned to Korea. On September 13, 2014, the Defendant had expressed an intention to attract money by threatening the victimized party to request the return of the price of goods.

On September 22, 2014, the Defendant received a telephone from the injured party at a place where the Geumcheon-gu Seoul Metropolitan Government branch office is unknown, demanding the return of the price of the goods from the injured party.

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