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(영문) 대구지방법원 서부지원 2017.03.31 2017고단33
업무상횡령등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

【Criminal Force” On January 28, 2016, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution, and the judgment became final and conclusive on October 13 of the same year, on the grounds that the Daegu District Court violated the Act on the Aggravated Punishment, etc. of Specific Crimes.

【Criminal fact-finding by the Defendant was a university professor of the Defendant who is in Gumi-si C between August 2012 and April 2015

D as a person in charge of accounting in the victim E, a representative director, was in charge of the management of the company's entry and withdrawal of funds.

1. On January 4, 2013, the Defendant: (a) deposited KRW 4,00,50,000 into a new bank account in the name of the Defendant in the name of the Defendant at around 93 times from the time until April 14, 2015, totaling KRW 809,228,310, as shown in the list of offenses in the attached Table (1) in the name of the Defendant, the Defendant deposited KRW 809,228,310 in the new bank, national bank, one bank, and the Agricultural Cooperative account in the name of the Defendant.

As above, while the Defendant kept a total amount of KRW 809,228,310 for the victim company, he arbitrarily consumed an amount of KRW 494,404,401, excluding the total amount of KRW 314,823,909, which was paid for the said company as shown in the attached list of crimes (2) and the list of crimes (3) as shown in the attached list of crimes, for personal purposes, such as living expenses, entertainment expenses, and gambling funds.

Accordingly, the Defendant embezzled the victim’s property worth KRW 496,257,375.

2. Occupational breach of trust;

A. On January 201, 2013, the Defendant, at the office of the victim company, kept the visa card in the name of the victim company and used it only for the purpose of the victim company. However, in violation of such occupational duties, the Defendant paid KRW 1,620,00 with the said credit card for personal purposes from the main point of “F” located in the Daegu or does not exceed Daegu on January 22, 2013, and thereafter, from that time until November 22, 2013, the Defendant was in violation of the said occupational duties as set forth in the attached list of crimes (4).

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