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(영문) 의정부지방법원 고양지원 2015.10.08 2014고단2776
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

From around March 2010 to March 2014, the Defendant, as the financial manager of the victim D Co., Ltd. (former Co., Ltd. E) located under Seocho-gu Seoul Seocho-gu Seoul (former Co., Ltd.), managed three of the above companies’ name foreign exchange bank deposit passbooks, and was in charge of issuing tax invoices and paying value-added taxes.

The Defendant, with his own trust, neglected the management and supervision of business by the representative director, and 2 children of the Defendant, who are athletes, were in need of money prior to the training of overseas parliamentary activities and the joint withdrawal of the event, committed so with intent to arbitrarily withdraw money from the head of the company’s passbook and use it.

1. On October 5, 2011, the Defendant managed a bank account (Account Number:F) in the name of the said victim company and embezzled KRW 1,000,000 from the said account to the account under the name of the Defendant, as indicated in the attached Table No. 1-96, supra, from September 12, 2013 to September 12, 201, the Defendant arbitrarily remitted KRW 363,769,460 in total to the account under the name of the Defendant and embezzled it for personal use.

2. On August 9, 2012, the Defendant managed the foreign exchange bank account (Account Number: G) in the name of the said victim and embezzled KRW 500,000 from the said account to the H’s account on behalf of the said company, as indicated in the attached Table No. 97-136, supra, 40 times from that time to July 31, 2013, and arbitrarily remitted KRW 61,62,310 to the account in the name of the Defendant’s name, etc., and embezzled it for personal use.

3. On April 21, 2012, the Defendant: (a) managed a bank account (Account Number: I) in the name of the said victim bank; and (b) transferred KRW 500,000 from the said account to the account under the name of the J on behalf of the said company; and (c) as indicated in [Attachment List No. 137-147].

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