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(영문) 창원지방법원 통영지원 2017.10.26 2017고단198
업무상횡령
Text

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

Reasons

Punishment of the crime

1. From around April 2013, the Defendant was employed and worked for D companies located in the victim B’s G accounts. From around April 2014 to around December 22, 2015, the Defendant embezzled KRW 200,000 by arbitrarily consuming KRW 43 times in total by transferring KRW 21,317,512 to the Defendant’s G account as shown in the list of the crimes committed in attached Table 1 re-abbsing from around December 22, 2015, as if advance payment was made to another employee on April 10, 2015.

2. As above, the Defendant: (a) was engaged in the management business of the Victim B’s D Company; (b) voluntarily remitted the company funds to a third party; (c) had the intent to use the company funds by receiving the company funds from one’s account in return to a third party; (d) had to pay KRW 12,830,340 to H around June 29, 2015; (b) had to enter the victim’s account withdrawal notice into the victim’s account deposit passbook as “value-added tax”; (c) had the victim transferred KRW 12,830,340 to H bank account; and (d) deposited the amount excessively to H; and (e) had it returned to H; and (e) had it received transfer to G account in the name of the Defendant; and (e) had used the company funds for personal purposes; and (e) transferred KRW 12,830,340 to 20,000 in total, as shown in the separate crime list 20 through 370,08.

Summary of Evidence

1. A protocol concerning the examination of a suspect of the police against the defendant or H;

1. Statement made by the police with regard to B;

1. Each report on investigation;

1. Detailed statement of the results of the transfer management, details of each account transfer, reply to warrants, each transaction statement, and credit account books;

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