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(영문) 서울중앙지방법원 2014.07.25 2014고단1908
업무상횡령등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. The defendant's status and role victim (juF) is a juristic person engaged in the business of temporary placement of workers, vicarious execution, guard service, etc. established around 198, and the defendant was in charge of the business affairs as the chief of the division of the business affairs, such as having received a labor list stating personal information, contact information, account number, etc. of the victim and sent to the customer until he/she left his/her office on December 5, 201, and having the victim company pay wages to those workers.

2. The Defendant, through the list of false workers, received the wage-related occupational embezzlement list from Korea-CNS, which is the victim company’s trading company, and prepared a benefit ledger with such name affixed to the list of false workers, and then sent it to G, who is the person in charge of the victim company’s benefits, by e-mail, and received a share payment from the company for false workers from the company, paid a certain amount of KRW 100,000 to them as commission, and the remainder was received from the company to the agricultural bank in the name of the principal.

On May 4, 2012, the Defendant arbitrarily embezzled KRW 120,128,189 over 255 times in total by using 13 persons, such as J, etc. from March 16, 2012 to August 23, 2013, by ordering the said G to transfer KRW 328,710 to the account under the name of the J (K), a false employee, in the bank account (I) in the name of the Republic of Korea (K).

3. (F) The Defendant who forged a written agreement, such as the name of F, and the event of a falsified document, filed a complaint with the victim on his/her own by occupational embezzlement, and was investigated as a suspect at the Southern Police Station. On January 1, 2014, the victim company was the victim company at the Jung-gu Seoul Special Metropolitan City “L”.

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