beta
(영문) 서울중앙지방법원 2016.10.26 2016고단3859

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant served as an accounting employee of the victim D, a entertainment planning company located in Gangnam-gu Seoul Metropolitan Government from November 201 to February 2015, 2015, and under the direction of E, a representative director, the Defendant is a person who has been engaged in the business of keeping and managing the performance fee accounts of the victim company’s account or the number of family members under the management of the victim company’s account or the victim company, and having been engaged in the business of depositing and withdrawing funds of the victim company.

On the basis of the foregoing, the Defendant voluntarily withdrawn or transferred money from the account with the intent to use it for living expenses, entertainment expenses, etc. after having kept and managed the account.

On July 6, 2012, the Defendant embezzled the property of the Defendant’s company by withdrawing KRW 200,000 from the victim company’s corporate account (one bankF) that he/she has kept and managed in his/her business from the victim company’s office without permission and using it in daily living expenses, etc., as shown in attached Table (1)-7, until February 8, 2015, as shown in attached Table (1)-7, the victim company’s corporate account was withdrawn from the victim company’s corporate account or the number of accounts under his/her control to the total sum of KRW 100,592,315 without permission and by arbitrarily consuming it.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to E by the police;

1. Report of investigation (Preparation of a list of crimes);

1. Application of Acts and subordinate statutes concerning details of transactions of entry and withdrawal (D and seven persons);

1. Relevant provisions of the Criminal Act and reasons for sentencing under Articles 356 and 355 (1) of the Criminal Act for the choice of criminal facts;

1. The basic area (one to three years) (one year) of the sentencing criteria [the scope of recommending punishment] and the basic area (one hundred million won or more to five hundred million won) of the sentencing criteria; and

2. According to the rulings of sentence, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, environment, motive and consequence of the commission of the crime, and the circumstances after the commission of the crime, are equally considered and sentenced to the same sentence as the orders.

(b)bed;