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(영문) 인천지방법원 부천지원 2014.02.14 2013고단2572

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From June 2009, the Defendant engaged in the business with E as the victim company D (hereinafter “victim company”) from around June 2009, and has been engaged in the business of managing funds while keeping cash cards connected to the passbook.

1. Around March 23, 2010, the Defendant, at the victim’s office located in F at the time of the Gyeonggi Culture and Development Project (hereinafter “MW vehicle”), sold the GMW vehicle under the agreement with E to H and embezzled the proceeds of the sale of the GM vehicle to H, and transferred the proceeds of the sale to the I’s Hyundai Securities Account (J) designated by the Defendant, and then used the proceeds of the sale for the victim’s business for the sake of the victim’s company.

2. Around May 19, 2012, the Defendant embezzled the part of the embezzlement of company funds by arbitrarily remitting the amount of KRW 6 million from the said cash card to the Defendant’s creditor under the name of K (L) account from the point of interest in the Bank of Korea, while managing the cash card connected to the Defendant’s corporate account as above, and keeping the company funds in business.

From around that time to May 21, 2012, the Defendant embezzled a total of KRW 114,611,750 by arbitrarily using the personal debt reimbursement scheme as shown in the attached list of crimes.

Summary of Evidence

1. The whole (1) and part (2) of the defendant's criminal facts) (2) and his/her legal statement;

1. Each legal statement of witness E and K;

1. Statement of the prosecution concerning K;

1. Each police statement of E, H and M;

1. K account details, D account records, certified copies of register, corporate account records, copies of passbooks, registration certificates, invoices, investigation reports (the attachment of deposits and withdrawals from borrowed-name accounts, and the verification of entry and withdrawals with creditors K, etc.), the current status of entry and withdrawals by K, N (O after the name of each address), the details of the P account, investigation reports (report on the result of execution of search and seizure warrant), the details of entry and withdrawals by K, and the details of K financial transactions.