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(영문) 수원지방법원 안산지원 2018.11.28 2018고단2109
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From September 6, 2012 to May 31, 2017, the Defendant works for the victim D Co., Ltd. (hereinafter referred to as “victim”) operated by C as accounting staff, and was in charge of managing the entry and departure of the victimized Co., Ltd., and was in charge of managing the entry and departure of the victimized Co., Ltd., and kept the passbook of the victimized Co., Ltd. for business purposes.

1. On April 25, 2016, the Defendant, after registering as false workers, re-inform F, as if the Defendant’s intermediary was the employee of the victimized Company, at the damaged Company’s office located in Ansan-si building E. 510 on April 25, 2016, and entered the company’s bank account (G) opened in the name of the victimized Company as the employee of the victimized Company.

50,000 won was remitted to the national bank account (H) opened in the name of the Defendant and was used voluntarily for personal purposes around that time. As shown in the attached Table (1) from February 29, 2016 to April 20, 2017, 8,167,060 won was embezzled in total over 36 times as above.

2. On January 20, 2017, after an excessive appropriation of benefits to actual workers, the Defendant embezzled the difference between the actual workers’ benefits, and then falsely entered the amount of KRW 4,721,310, which was calculated in excess of KRW 3,836,070, which is the actual payment of the benefits of the employee I of the victimized Company, in the office of the said company, and then remitted the said amount to the new bank account (K) opened in the name of the Defendant in the name of the victimized Company (J) and embezzled KRW 885,240, which is the difference, for personal use from that time to May 2, 2017, the Defendant embezzled the amount of KRW 10,456,290 in total over 17 times in the following manner, as shown in the list of crimes (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against L/C;

1. Application of Acts and subordinate statutes on the detailed statement of payment of wage and salary income for daily use, and actual payment details of monthly salary;

1. Relevant Articles 356 and 355(1) of the Criminal Act concerning the facts constituting an offense (the punishment of imprisonment)

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