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(영문) 서울중앙지방법원 2019.01.10 2018고단3212
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten 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 served as the head of the headquarters of the Seoul Regional Headquarters of the Victim C in Gangnam-gu Seoul from February 28, 2013 and was subject to disciplinary dismissal on January 23, 2017.

As above, the Defendant, while holding office as the head of the victim’s headquarters, was in charge of exercising overall control over the victim’s various events, such as D management evaluation competitions, representatives’ meetings, management strategy meetings, workshops for excellent employees, and workshops for excellent employees. From DD under the victim’s control, the Defendant received a certain amount of money from each of the victims’ accounts or employees under the name of the Defendant, such as E, F, G, H, I, and J, and kept it for the victim.

In addition, the defendant was allocated business promotion expenses from C organizations and kept them for the victim.

From November 27, 2013 to November 29, 2013, the Defendant settled expenses incurred in the event for the workshop between Jeju-do Council members from Jeju-do Council members in carrying out the workshop for excellent employees in 2013, and paid the amount higher than the amount actually used by the credit card, and then settled the amount as much as the actual amount actually used.

After that, as the amount stated in the payment receipt of the credit card cancelled, evidentiary data on the enforcement of the exercise cost was submitted to the victim as if the exercise cost was paid, and a total of 11,731,000 won was prepared with the difference between the evidentiary data and the amount actually used, and then the amount was embezzled for personal use.

In addition, the Defendant embezzled totaling KRW 90,549,195 from the place of the city in Seoul to October 13, 2016 by consuming the event expenses or the indirect official business expenses in mind, as shown in the attached list of crimes, from the above date to the date of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Each police statement against K, E, F, G, J, I, H, L, M, N, andO;

1. The investigation records of relevant data, including details of transactions (investigative records81 pages) and account details;

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