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(영문) 서울중앙지방법원 2016.12.22 2016고단6567
업무상횡령등
Text

[Defendant A]

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

[Basic Facts] Defendant A is a person who has worked in Seocho-gu F and fourth Seoul Metropolitan Government F and to August 31, 2015, and has been engaged in the purchase, sale, and fund management affairs of the above company from October 15, 2014 to August 31, 2015. Defendant B is a person in a legal relationship with Defendant A.

A representative director of the victim company H retired from a joint representative director on February 2, 2015 and instructed the defendant A to discontinue his/her business, and around that time, the victim company was in a de facto state of business closure since March 1, 2015, and reported the closure of business on August 31, 2015.

【Criminal Facts】

1. The Defendants’ occupational embezzlement: Defendant A, while managing the revenue and expenditure of the Victim Company, deposited the passbook and security card in the name of the Victim Company’s name with respect to the transfer of money from the said account to the Defendant B’s name, offered for personal use by transferring money from the said account to the Defendant B’s name.

According to the above public offering, around October 28, 2014, Defendant A transferred KRW 2,00,000 to the national bank account in the name of Defendant B (J) from the victim company account (IBK bank) in the name of the victim company (IBK bank) connected to Internet business banking using a computer installed at the victim company office in Seocho-gu Seoul, Seocho-gu, Seoul, and used the above money for personal purposes, such as living expenses, etc. at the Seoul daily center.

From around that time to August 17, 2015, Defendants conspired with each other, embezzled total of KRW 5,885,000 on three occasions, such as the list of offenses (1) in attached Form 1.

2. Defendant A’s sole criminal conduct: (a) the Defendant’s occupational embezzlement takes place in the name of the victim company, while managing the revenue and expenditure of the victim company; (b) by transferring money from the said account to the account under the name of the Defendant.

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