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(영문) 대구지방법원 2015.04.17 2015고단419

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

The defendant is the head of the Seoul branch office of the victim (state)B established for the purpose of manufacturing lighting control devices, etc., who has been in charge of operating the above branch.

On November 6, 2012, the Defendant received advance payment from C to the corporate bank account in the name of the victim company to transfer KRW 16,500,000 for the establishment and management of the D Housing Homebook and lighting control system that the victim company received from C to the corporate bank account in the name of the victim company, and kept for the victim company, and transferred the same day to the account in the name of the Defendant on the same day, and then wrongfully consumed and embezzled for business.

Summary of Evidence

1. Statement of each police interrogation protocol on the accused and E;

1. Statement made by the police officer on F;

1. Application of each Act and subordinate statute to entries in a certified transcript of corporate register, each business registration certificate, a statement of account transactions by account, and a statement of ordinary deposits;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

1. The reasons for sentencing of Article 70(1) and Article 69(2) of the Criminal Code were to be used by the Defendant at will to withdraw 16.5 million won in advance of the construction work deposited in the bank account of the victim B. However, from August 2012 to November 30, 2012, the Defendant deposited the amount into the deposit account in the name of the Seoul Metropolitan Government branch office (the amount: KRW 500,00,000 on August 17, 2012; KRW 3.5 million on August 27, 2012; KRW 1.5 million on August 27, 2012; KRW 2.1.6 million on August 27, 2012; KRW 1.6 million on August 28, 2012; KRW 1.5 million on October 15, 2012; KRW 1.5 million on January 21, 2012; and