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(영문) 대구지방법원 김천지원 2019.11.28 2019고정216

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 has been engaged in the actual operator of the victim C corporation established for the purpose of wholesale and retail, franchise business, etc. in Gyeongcheon-si Kimcheon-si B, while controlling the business of the company and managing the company's funds.

On March 14, 2018, the Defendant arbitrarily used KRW 14,637,226 for personal purposes by remitting KRW 1,00,00 to E, in total, 17 times from the date and time to June 25, 2018, the Defendant transferred KRW 13,137,226 to E, in the same manner, from the date and time to June 25, 2018, and remitting KRW 1,50,000 to F, one hundred and fifty million, his/her own land, by means of the same method as from May 16, 2018 and June 9, 2018.

Accordingly, the Defendant embezzled while keeping the funds of the victim company in business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Full certificate of the registered matters;

1. A statement of transactions by account of an enterprise bank;

1. Application of Acts and subordinate statutes to investigation reports (as regards I, F, J, and K Currency);

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the applicable criminal facts and the choice of fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;