업무상횡령
A defendant shall be punished by imprisonment for one year.
Of the facts charged in the instant case, the charge of occupational embezzlement around April 6, 2010 is not guilty.
Punishment of the crime
The Defendant was in office as a director of D Co., Ltd. from May 28, 2003 to June 2010, and E was in office as a director of D Co., Ltd on May 28, 2003 and has been in office as representative director from May 11, 2006 to June 201.
On the other hand, D Co., Ltd. was established with the trade name of F Co., Ltd. around April 1, 1997 as a company engaging in a specialized construction business, and its trade name was changed to G Co., Ltd. around November 2003, and its trade name was changed to D Co., Ltd. on February 23, 2006.
From November 1, 2005 to July 201, the Defendant: (a) took overall charge of administrative affairs related to each construction site, such as HRoad Corporation, I Housing Site Corporation, and J Corporation, which was ordered by the victim D Co., Ltd. (hereinafter “victim”) from around November 2005 to around July 201; and (b) took overall charge of administrative affairs related to the management and execution of funds; and (c) took custody of the victimized Co., Ltd. for the damaged Co., Ltd., the Defendant voluntarily consumed the amount of KRW 50 million from the L Bank’s account in cash in the name of the victimized Co., Ltd. in the name of the victimized Co., Ltd., Ltd., Daejeon-gu, Daejeon-gu Office of Property 102; and (d) transferred the amount of KRW 10 million from the L Bank’s
In addition, the Defendant voluntarily consumed the total amount of KRW 127,884,210 over six times from December 29, 2006 to November 30, 2009, as shown in [Attachment List Nos. 6 to 11], and embezzled each of them.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of witness E;
1. Each protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes to the complaint (including attached documents);
1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;
1. Of concurrent crimes, the summary of the charge of occupational embezzlement around April 6, 2010 among the charge of this case, among the part not guilty under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the Defendant’s account at one bank account at around April 6, 2010.