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(영문) 대구지방법원 2018.10.19 2017고단6942

업무상횡령

Text

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

Reasons

Punishment of the crime

The Defendant, from October 26, 2009 to July 2017, was engaged in the receipt and disbursement duties as the accounting duties of the victim C Co., Ltd. in Daegu City/Gu-gu.

On January 5, 2016, the Defendant transferred KRW 434,500 to an enterprise bank account in the name of the mother of the Defendant, at the office of the victim C, a company bank account in the name of the victim company.

In addition, the Defendant, from June 30, 2017 to June 30, 2017, transferred the sum of KRW 46,394,490 to the corporate bank account (G) in the name of the victim company (D) and the corporate bank account (F) in the name of the victim company (hereinafter referred to as the “victim”) and the corporate bank account in the name of the victim company (F) managed by the victim company to the corporate bank account in the name of the mother of the Defendant, and embezzled it for personal use such as living expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to inquire into the details of deposits into the complaint, the customer director I (the details of embezzlement), the electronic financial transaction confirmation statement (the statements of embezzlement) and the transaction details (the details of embezzlement).

1. Articles 356 and 355 (1) of the Criminal Act relating to the facts constituting an offense;

1. The reason for sentencing alternative to imprisonment with prison labor is that the defendant was unable to take advantage of the defendant's failure to take advantage of the victim, the defendant's resistance, the defendant's primary offender, the defendant's age, sexual conduct, environment, motive and circumstances after the crime, etc., and the sentencing conditions indicated in the records shall be determined as ordered by the sentence.