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(영문) 창원지방법원 거창지원 2019.09.04 2019고단247

업무상횡령등

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

The Defendant was in office as an auditor of C Incorporated Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) located in Gyeongcheon-gun B, and was in charge of the disbursement of funds of the Victim Co., Ltd.

1. Around February 2, 2018, the Defendant embezzled another’s property under his/her occupational custody by arbitrarily transferring KRW 5 million from the NongHyup account of the victim company to the Defendant’s bank account (Account Number: E) from February 2, 2018, under the pretext of repaying the Defendant’s existing borrowed money, while managing the NongHyup account in the name of the victim company.

2. At around 12:50 on November 25, 2018, the Defendant: (a) tried to open a knife knife (30cm in length) with a knife (30cm in length) that was located in the main room of the said office, and (b) expressed the attitude that the victim would have had the knife the knife knife to the knife and to the knife, thereby threatening the knife to the body, etc. of the knife.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the certificate of transfer result in statutes;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the relevant criminal facts and Article 283 (1) of the Criminal Act;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.