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(영문) 의정부지방법원 2021.01.28 2020고정1592

업무상횡령

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant served as the representative director of the Corporation B, and the complainant D is a major shareholder of the corporation.

From October 06, 2017, the defendant served as the representative director of the E and 2nd class in Namyang-si, Namyang-si, and received three copies of the corporate card.

A corporate card shall be used for business purposes, such as business activities of the company.

Nevertheless, on 06.06.06.06.06.08:45, the Defendant purchased an amount equivalent to KRW 20,000 per day with a corporate card from G (State) located in Gui-si F in Gui-si on 08:45, and embezzled total amount of KRW 8,562,950 by using a corporate card for personal purposes over 293 occasions, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of agreement on the police statement with D and a corporation card use statement;

1. Reporting on an investigation (revision to the list of crimes), reporting on the results of an investigation, and the application of statutes;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (including), and Article 355 of the Criminal Act, the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasoning for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act provides that the amount of fine for a summary order shall be partially reduced by taking into account all the circumstances revealed in the trial process, including the Defendant’s age, sex, environment, criminal records, criminal records, circumstances after the crime, etc., and all of the circumstances revealed in the trial process.