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(영문) 대전지방법원 2012.10.19 2011고정2759

업무상횡령

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From around July 200 to July 2010, the Defendant has performed accounting duties such as expenditure, as an employee of the victim E-stock company in Daejeon Sung-gu, Daejeon, and has used the victim’s credit card (F) and the national card (G).

Since each credit card of the above victim company was issued for the purpose of using expenses, etc. necessary for the operation of the corporation, it shall not be used for personal purposes. However, the defendant violated such occupational duties and used the above credit card of the victim company for personal purposes by paying 13,746,650 won in total by paying 246 times from July 23, 2010 as shown in the separate crime list, including the fact that he provided meals at a restaurant with the trade name "H" located in Gangnam-gu Seoul on October 1, 2008. < Amended by Presidential Decree No. 21019, Jul. 23, 2010>

Accordingly, the Defendant acquired property benefits equivalent to KRW 13,746,650, and caused the same amount to the victim company.

Summary of Evidence

1. A witness I and each legal statement of the J;

1. Partial statement of the defendant;

1. A protocol of examination of partial suspect against the accused by the prosecution (No. 80 No. 50);

1. Statement of the police to I (No. 2, 52 No. 52 of the evidence list);

1. A complaint;

1. Application of Acts and subordinate statutes to a report on investigation (No. 79,82 No. 51 of the evidence list);

1. Articles 356 and 355 (2) of the Criminal Act, inclusive, with respect to applicable Articles of the Act and the choice of punishment for the crime;

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

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