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(영문) 울산지방법원 2013.03.28 2012고단3129
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The Defendant, while serving as the vice president at the victimC, was in charge of overall affairs of the victim company, such as accounting affairs. In particular, the Defendant was delegated with the management of the funds, such as the loans and sales price of the victim company, from May 17, 2012 to February 28, 2012, and was issued a deposit passbook and a corporation card in the bank account in the name of E under his/her jurisdiction.

1. Occupational embezzlement;

A. On May 23, 2012, the Defendant received KRW 15 million, which is the victim company’s ownership, from G, the employee in charge of the victim company, at the sales office of the victim company located in F, Busan Metropolitan City captain-gun, and received KRW 500,00 from H, the employee in charge of the victim company.

The Defendant was kept for the victim company the sum of KRW 15,50,000,000,000,000, which was received as above, and embezzled by using it for personal purposes, such as personal debt repayment, etc. at around that time from the Busan Metropolitan City Council members.

B. On the 25th day of the same month, the Defendant withdrawn the total amount of KRW 54 million deposited in the bank account in the name of Korea bank at the seat of the captain of the Busan Metropolitan City, the Busan Metropolitan City, and KRW 55 million deposited in the bank account in the name of Korea bank, and KRW 1 million deposited in the bank account in the name of Korea.

The Defendant, a sum of KRW 55 million, who is the owner of the victim company withdrawn as above, was kept for the victim company. At that time, the Defendant embezzled it by using it without permission for personal purposes, such as personal debt repayment, etc. from the Busan Metropolitan City Council members.

2. On May 17, 2012, the Defendant in occupational breach of trust received one copy of the victim company’s corporate card from D as above, and thus, the said corporate card was used for the purpose necessary for the business of the victim company and was not used for the personal purpose of the Defendant.

Nevertheless, the defendant.

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