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(영문) 수원지방법원 여주지원 2019.06.24 2019고단371
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

From January 1, 2013 to September 2015, the Defendant is a person who works as the director of the Victim C's C C C C C C, a company operating the Distribution Center located in Chungcheongnam-si, Kimyang-si, and has been engaged in the payment of wages for employees and part-time employees, taking overall charge of computer and field work.

1. From January 4, 2013 to September 14, 2015, the Defendant used KRW 724,060,060 as wages, miscellaneous expenses, etc., totaling KRW 751,717,720 for personal consumption at a bank account (F) in the name of the Defendant and his/her branch during the same period, while he/she was transferred to the account in the name of the Defendant and his/her branch for the victim, and used KRW 626,650,190 for wages, miscellaneous expenses, etc., and used KRW 725,067,530,000, excluding the above used amount, as wages, miscellaneous expenses, etc., for personal consumption at around the same period.

Accordingly, the defendant embezzled the victim's property.

2. From December 2013 to September 2015, the Defendant in breach of occupational breach of trust: (a) at the Cshyang Center Co., Ltd., Ltd., which was located in B from around December 2013 to around September 2015, the Defendant paid wages to the employees and the employees who actually provided labor, and (b) made the employees pay four-year premium payments; (c) however, there are occupational duties that should thoroughly manage the employees’ wage payments; (d) in breach of those duties, the Defendant filed a claim for false payment with the Defendant’s wife as the employees who actually worked in a regular manner, and filed a claim for false payment, such as those who actually worked in a regular manner, and (e) made the victim pay KRW 4,491,5

As a result, the defendant obtains property benefits from the National Health Insurance Corporation, etc. in violation of his/her duties.

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