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(영문) 수원지방법원 평택지원 2013.06.28 2013고단478
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant’s occupational embezzlement stated “C” in the indictment of the Victim B Co., Ltd. from January 18, 2008 to December 5, 2012. However, according to the records, “B Co., Ltd.” is correct name.

The employee has been in charge of the affairs such as deposit of cash in the corporate passbook while working as the computer management staff of the operating team, and entry of it in the computer system.

At around 10:00 on March 12, 2012, the Defendant deposited KRW 5,704,40,000 in the corporate passbook in high agricultural cooperatives, which had been kept in his/her business in order to deposit in the corporate passbook at the time of Ansan, only KRW 5,001,20,000, and KRW 703,200, the difference of which is 703,200, without deposit in the corporate passbook, arbitrarily consumed the difference in the cash sales, and then acquired property benefits equivalent to KRW 703,20,200 by entering the difference in the amount of cash sales into the electronic data processing, and caused property damage equivalent to the same amount to the victim.

As above, the Defendant, from March 12, 2012 to November 28, 2012, embezzled KRW 65,506,200 on a total of 46 occasions by arbitrarily consuming KRW 65,506,20.

B. On May 16, 2012, the Defendant arbitrarily consumed and embezzled KRW 150,000 from the victim’s golf merchandise sales proceeds to deposit into the corporate passbook on or around May 16, 2012, while performing his/her duties, and from June 8, 2012.

6. From November 1, 200, the victim embezzled 495,000 won from sales proceeds of golf merchandise coupons in the above manner.

C. On June 7, 2012, the Defendant arbitrarily consumed and embezzled KRW 1,200,000 sales proceeds of D’s golf membership sales proceeds, which is an affiliate of the victim, to deposit to D, and on the 10th of the same month, he/she embezzled the said amount without depositing KRW 960,000, and on the 13th of the same month, he/she arbitrarily consumed and embezzled it without depositing KRW 360,000, respectively.

Accordingly, the Defendant’s total sum of KRW 68,671,200 over 51 times in the above manner.

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