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(영문) 울산지방법원 2017.12.15 2017고정1144

횡령

Text

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

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

Reasons

Punishment of the crime

On July 21, 2016, the Defendant entrusted the management of the transportation business of the E-Mo Ski Truck truck that the Defendant invested in kind by the victim C (Representative Director D: D) located in Ulsan-gu, Ulsan-gu, Seoul-do, to work as a fixed location borrower of the victimized company.

On the same day, the Defendant lent a passbook or check card connected to the F’s bank account (G) operated by the Defendant to the victim company, and agreed to have the victim company receive the transport fee directly from the customer using the above account under the name of the Defendant, and issued a passbook or check card connected to the above bank account to D, the representative director of the victim company, to the above bank account.

On February 27, 2017, the Defendant deposited KRW 20,402,945, which was paid to the victim company by the lender Heavy Industries Co., Ltd., a customer of the victim company, into the said bank account, and kept it for the victim company, the Defendant: (a) opened a separate physical check card for the said bank account; (b) deposited KRW 15,00,000,000 out of the above transportation charge deposited into the said bank account in the payment machine for cash stops located on the Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-gu, Seoul, Seoul, in March 28, 2017; and (c) voluntarily transferred it to the agricultural bank account under the name of the Defendant, and used it.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Details of deposit and withdrawal transactions, and application of Acts and subordinate statutes to each detailed statement of deposit transactions;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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

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