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(영문) 수원지방법원 2016.05.18 2014고정2880

업무상횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From the second half of 2007, the Defendant, as the head of a Japanese branch office of the victim D Co., Ltd. (hereinafter “victimd Co., Ltd”), was engaged in overall management of finance, business, etc.

Although there were occupational duties that the Defendant should use the corporate card of the victimized company that the Defendant was in his/her possession for official duties and should not use it for other purposes, the Defendant acquired the same amount of financial benefits and sustained the same amount of financial damages equivalent to the same amount of the damaged company by settling the total of 1,148,202 UN for personal purposes over 18 times in total, as indicated in the attached crime list (1) from May 3, 2009 to May 12, 2012, including using the corporate card by settling 12,973N with the corporate card at the time of the purchase of goods for personal purposes from Japan to the corporate card at the time of the payment of 12,973.

2. From the second half of 2007, the Defendant, as the head of the Japanese branch office of the victimized Company, was in the position of keeping public funds of the victimized Company in business as the head of the Japanese branch office.

On September 13, 2009, the Defendant embezzled the total of 337,271N for personal purposes, including voluntary consumption of public funds kept for the victimized company from August 5, 2009 to March 14, 2012, as described in the List of Crimes (2) 1, 2, 3, 5, and 15, on a total of 14 occasions, as shown in the List of Crimes (2) 1, 2, 3, 5, and 15.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A protocol of examination of the suspect against each part of the defendant by the prosecution (including the I and H part of the statement);

1. Voluntary selection of the Japanese branch office’s PC management ledger, branch management guidelines, false entries in receipts, and each formal receipt date.