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(영문) 부산지방법원 2019.09.06 2019고합254

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From November 2001 to January 18, 201, the Defendant engaged in the accounting affairs of the said company, such as preparation of accounting books and management of company funds at the injured party C Busan Branch Co., Ltd.

From March 4, 2010 to July 25, 2018, the Defendant voluntarily consumed KRW 580,531,234 won in total over 310 times from that time to July 25, 2018, as shown in the separate sheet of crime, when the Defendant received transfer of KRW 267,645,42 from D, which is the business partner, and entered falsely that KRW 1,00,000,000, out of the above amount, was unpaid in the account book among the above amount, and subsequently, deposited it in cash and consumed it for personal use, such as living expenses, etc.

Accordingly, the defendant embezzled the property of the victim company that was kept in business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Copy of Busan branch, cash outflow and balance sheet, Busan branch, deposit outflow and balance sheet, detailed details of deposit outflow, by deposit account year, and copy of the audit report of Busan branch; and

1. A list of crimes (integrated), a copy of the screen and accounting screen of 2010, a copy of the screen and accounting screen of 201, a copy of the computerized screen in 2011, a copy of the screen and accounting screen of 2012, a copy of the screen and accounting screen of 2013, a copy of the screen and accounting screen of 2014, a copy of the screen and accounting screen of 2015, a copy of the screen and accounting screen of 2015, a copy of the screen and accounting screen of 2016, a copy of the screen and accounting screen of 2016, a copy of the screen and accounting screen of 2017, a copy of the screen and accounting screen of 2018, a copy of the screen and accounting screen of 2018, a copy of the screen and accounting screen of 2018,

1. A detailed statement of account transactions in the F bank, a detailed statement of account transactions in the company bank, and a detailed statement of account transactions in the G bank

1. A detailed statement of account transactions with the complainant;

1. Copy of corporate register;

1. A copy of a personnel record card; and

1. The investigation report (in the face of reference material-electric overcharge) and the personal account of the suspect for the investigation report;