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(영문) 수원지방법원 안산지원 2014.08.12 2013고단1093

업무상횡령

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A has been in charge of the overall affairs of the victim company as the actual operator of the victim company who holds 100% of the shares of the victim company I in the name of his family, etc., and the defendant B was in charge of accounting affairs as the employee of the victim company.

Defendant

B around February 13, 2007, while holding a bank passbook in the name of the victim company and keeping the funds of the victim company in the course of business, B was ordered to pay KRW 50,000,000 from the defendant A while the victim company was holding a bank passbook in the name of the victim company, and the victim company was aware that there was no reason to pay the above funds to the defendant A, and the victim company was withdrawn KRW 50,000,000 of the victim company's funds held in the national bank account in the name of the defendant B in the name of the defendant bank account (K) and embezzled KRW 50,000,000 for personal use by the defendant as ordered by the defendant A, and embezzled KRW 50,000 for personal use from that to November 22, 2007.

As a result, the Defendants conspired and embezzled the property of the victim company in the course of business.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant Articles 356, 355 (1), and 30 of the Criminal Act: Defendants who choose to commit the crimes;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the defendants) of the suspended sentence (the sentencing of Article 62(1) of each criminal law: The defendant is the first offender, and the defendant is the last offender, and all of the facts of the crime of this case are acknowledged and wrong. The victim company is the first offender, and the defendant actually deposits money exceeding the amount of the embezzlement of this case into the account of the victim company after April 2007, and the age, character, character and environment of the defendant are other