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(영문) 서울북부지방법원 2017.03.03 2014고단4639
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From December 2, 2011 to May 2013, the Defendant has been engaged in the management of finance, accounting, etc. at “D”, a company specializing in the operation of the victim C in Seoul Special Metropolitan City, Nowon-gu, Seoul.

The Defendant received the payment from the customers for the exercise of the right of care and corrected the total amount of money on September 11, 2015 according to the changes in the indictment of the Defendant, which was kept on business for the victim as follows:

the embezzlement was made by using the personal purpose at will.

1. On June 2012, the Defendant, while keeping 18 million won from the office located above D’s office, used it for personal purposes, such as living expenses, etc. around that time.

2. On July 2012, the Defendant was in custody of KRW 31.7 million for personal use, such as living expenses, which was paid by the customers at the above office in a closed-end office with the date of July 2012.

3. On September 2012, the Defendant was in custody of KRW 24.2 million for personal use, such as living expenses, which was paid by the customers at the above office in a closed-end office with the date of September 2012.

4. On October 2012, the Defendant used 6.5 million won for personal purposes, such as living expenses, while keeping the remaining exercise money paid by his/her customers at the above office.

5. On March 2013, 2013, the Defendant, while keeping KRW 9.64,00,00 paid by customers in the above office, used it for personal purposes, such as living expenses, around that time.

6. On April 2013, the Defendant was in custody of KRW 13 million for personal purposes, such as living expenses, which he received from customers at the above office, and used around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by C by the witness in the second public trial protocol;

1. A protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. The investigation report (Adjustment of the amount of damage) and the transaction of a trader;

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