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(영문) 대구지방법원 경주지원 2020.02.19 2019고단783
업무상횡령
Text

A defendant shall be punished by imprisonment for a term of one year and nine months.

Reasons

Punishment of the crime

The Defendant is a person who served as an accounting employee from around October 18, 2016 to June 7, 2019 as a racing-si building B, and the construction business chain Co., Ltd., Ltd., Ltd., with the victim Co., Ltd., while serving as an accounting employee, and engaged in accounting affairs, such as the management of the account, transaction payment, various expenses, and the issuance

The defendant, the representative of the victim company, transferred the details of deposits and withdrawals of the victim company's account to the defendant's account in which the defendant manages the funds of the victim company and the defendant's spouse's spouse's account by using the document that does not confirm the details of payment resolution and documentary evidence, etc., and only some of them were used for the victim company, and the remainder was used for the victim company's personal purpose, such as living expenses

From October 18, 2016 to November 21, 2016, the Defendant spent KRW 200,400,000 on the part of the Defendant’s J performance of his/her obligations while transferring the amount of KRW 20,932,058 in total from the G Union account (H) in the name of the victim to the post office account (I) in the name of the Defendant in the name of the Defendant.

In addition, from November 22, 2016 to June 7, 2019, the Defendant used the sum of KRW 454,926,104 out of the total amount of KRW 2,083,615,694, which was kept for the Victim Company by transferring from the G Association account in the name of the Victim Company (H) and from the K Association account in the name of the Victim Company (L) to the G Association account in the name of the Defendant, the post office account in the name of the Defendant (I), the N Bank account in the name of the Defendant (O), the G Association account in the name of the Defendant, and the N Bank account in the name of F (P), and the total amount of KRW 2,083,615,694 in the name of the Victim Company.

Accordingly, the defendant embezzled the property of the victim company, which was in his business custody.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer with respect to R.

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