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(영문) 수원지방법원 안산지원 2015.01.06 2014고단1866
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is currently serving as the representative director of the victim FF corporation, the purpose of which is to manufacture and install elevators in accordance with C 616, and the victim F corporation, the purpose of which is riding club business in Ansan-gu, Seoul.

1. On January 5, 2007, the Defendant entrusted the Plaintiff with the authorized certificate, etc. issued by the Korea Cit Bank account (H) account used by the Defendant to G, who was employed as the director of the accounting division of the said corporation D, and ordered the said G to “to withdraw and transfer money from the corporate account so as not to keep the balance of the domestic personal Cit Bank account from the balance,” and made the said G to prepare the company’s entire list under the name of (ju) Sitty part, and then used 2,000,000 won for personal living expenses, etc. around that time.

In addition, from that point to August 8, 2012, the Defendant: (a) had G, the director of accounting division, prepare a false disbursement resolution and a slips under the name of purchase of materials; (b) had the Defendant transfer total of KRW 66,100,000 to the Defendant’s Korea Cit Bank account (H) account in the name of the victimized Company from the Korean Cit Bank account (I) to the Defendant’s total of KRW 23 times; and (c) used it for personal living expenses, etc. at will.

2. The part concerning occupational embezzlement related to insurance proceeds

A. On August 13, 2010, the Defendant: (a) ordered G, the director of the accounting division, at the pertinent office, to cancel Samsung Bio-life insurance purchased by the victim F Co., Ltd., the insured employees of the said corporation; and (b) transferred KRW 35,338,732, which was kept in custody in the account of passbook(J) in the name of the said victim company to the said account in the name of the Defendant on the 18th day of the same month; and (c) embezzled it by arbitrarily withdrawing the personal card payment or cash and then arbitrarily consuming it.

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