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(영문) 창원지방법원 진주지원 2016.01.13 2015고단747
업무상횡령등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant entered the Victim C Co., Ltd from around August 1, 201 to around June 30, 201, while serving as the head of the Corporation from around January 1, 2012 to around June 30, 2014, and engaged in overall management of the project in progress by the victim, subcontracted enterprise management, and human resources management and wage payment at the construction site. When using the corporate card as an employee belonging to the company, the Defendant had a duty to faithfully perform his/her duties so as not to cause damage to the company by using it for the purpose related to the company’s business.

1. The Defendant, at the victim’s office located in Pyeongtaek-si D around January 29, 2014, received KRW 18,777,00 of the construction cost to be paid to E, a subcontractor, from the company’s account (G) bank (G) account operated by the Defendant’s branch, and embezzled the Defendant’s total amount of KRW 67,52,00 for nine times from around that time to June 2014, including voluntary consumption of debt repayment, etc. at around that time.

2. On June 2, 2014, the Defendant in breach of occupational duty: (a) in violation of the above occupational duty and paid the amount equivalent to 3.50,000 won with the credit card of the victimized party by the credit card of the victimized party; and (b) as shown in the attached Table 2 of the Crimes List 2, as in the case of the attached Table 2, from the above day to the 23th day of the same month, the Defendant paid the amount equivalent to 2,950,000 won with the corporate card of the victimized party; (c) obtained economic benefits; and (d) caused the injured party to incur damage equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police with respect to the transfer of age;

1. Application of Acts and subordinate statutes, such as the Fund in charge of the settlement of the electronic tax invoice, the detailed statement of transactions of each ordinary deposit, the card use statement, the electronic tax invoice (J), construction contract, the output of the site of each individual in May, and the sales slip of the Korean card;

1. Criminal facts;

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