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(영문) 청주지방법원 2017.12.21 2017고단1414

업무상횡령

Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 23, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Cheongju District Court, which became final and conclusive on December 1, 2017.

The Defendant served as the managing director of the victim-friendly C Co., Ltd. operated by the Defendant-friendly C from June 2012 to July 20, 2015, and has been engaged in the business of managing the head of the Tong and the fund.

On August 29, 2014, the Defendant: (a) transferred KRW 800,00 from the NongHyup Bank account (F) in the name of the victim to the Hyup Bank account under the name of the Defendant for the payment of insurance premium to foreign workers; and (b) was used for personal purposes, such as personal debt repayment, etc. around that time.

From that time until July 16, 2015, the Defendant consumed a total of KRW 65,726,200 in the same way eight times, such as the list of crimes in the attached Form.

As a result, the defendant embezzled the victim's property in violation of his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement by the police in relation to C and G;

1. Detailed inquiries into each case of the results of transfer management;

1. Previous conviction: Application of a copy of judgment;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (i.e., the fact that the defendant's mistake is divided and the defendant's friendly victim does not want punishment).