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(영문) 서울북부지방법원 2014.05.13 2013고단3200

업무상횡령

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From July 1, 200 to April 14, 201, the Defendant worked as the vice president of the victim C Co., Ltd. established for the purpose of developing and selling Internet video conference software from July 1, 200 to April 14, 201, and was in charge of managing overall business management and funds of the victim company

On January 8, 2009, the Defendant transferred KRW 1.5 million deposited in the company account in order to use it for personal purposes, such as futures option investment, etc. in the name of the Defendant at the victim C office in Gangnam-gu Seoul, Seoul, to one bank account in order to manage one bank account under the name of the Defendant, which was deposited in the company’s public funds, at the victim C office in Gangnam-gu, Seoul, and embezzled it. From that time to April 13, 201, the Defendant transferred KRW 401,020,772 in total to the Defendant’s account more than 75 times as shown in the list of crimes in the attached list of crimes, and then embezzled it by using it as a gift option investment and living expenses.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including a cross-examination with E);

1. Each police statement of E and F;

1. A complaint, each written statement (E, G, H, I, and J);

1. Application of Acts and subordinate statutes to the detailed statement of transactions in a passbook (investigation record 38-125);

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 57 of the Criminal Act, including the number of days of pre-trial detention, is the vice president who is in charge of the management and fund management of the victim company for a long time, and is extremely poor in the nature of crime in that the defendant has embezzled the company's funds continuously for a long time. The defendant's embezzlement crime of this case led to the increase in the financial landscape of the victim company, thereby affecting the management of the company, such as resignation on September 7, 201 and the K newly takes office to the representative director, etc. The amount of the revealed embezzlement amount (401,020,772 won) and its damage was not completely recovered. The former representative director of the victim company expressed the intent of the defendant not to punish the defendant but F