beta
(영문) 창원지방법원 2014.01.23 2013고합336

업무상횡령등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Criminal facts

1. The Defendant, from April 8, 2009 to February 28, 2013, was engaged in the receipt and disbursement of money of the said company, as the accounting of the victim “D (representative E) corporation,” which is a manufacturer and installation company in the window C of Changwon-si, Changwon-si.

While the Defendant kept three corporate passbooks, such as the bank passbook (Account NumberF) of the victim in his/her business management, the Defendant: (a) transferred KRW 3,000,000 from the corporate account to the corporate bank passbook (Account Number G) around May 21, 2009; and (b) embezzled KRW 114,722,095 in 24 times from the time of using it for personal use, such as entertainment expenses, until January 23, 2013, as shown in the annexed Table 1, from November 26, 2009 to November 25, 2013, the Defendant embezzled KRW 451,148,474, total amount of KRW 56,575,575,586,579,575,000 over 165 times as shown in the annexed Table 2, as shown in the annexed Table 2, from November 26, 2009 to January 25, 2013.

2. The Defendant is a person who was in a relationship with the victim H.

On June 1, 2012, the Defendant made a false statement to the victim, stating that “If a stock investment is made, the victim may pay more than KRW 10 million” to the victim at a place where a detailed address is not known at the same time and below that of the Sung-gu, Chang-gu, Changwon-si.”

However, even if the defendant received the above money from the victim, he did not think that it will be used to preserve the public funds of D, a stock company that embezzled by the defendant, and there was no idea to use it for stock investment.

As above, the Defendant, by deceiving the victim, received KRW 5 million from the victim on June 1, 2012, KRW 5 million on December 21, 2012, and KRW 2 million on December 26, 2012, respectively.

B. On March 5, 2013, the Defendant demanded the victim to repay the money remitted as above at a place where it is unknown to him/her on or around March 5, 2013, and the Defendant requires the cost of cancellation of security because the invested shares are made as security.