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(영문) 인천지방법원 2017.08.31 2016고정2813

업무상횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant and C agreed to operate the victim D and video platform business in partnership, but the victim raised corporate funds, and the Defendant decided to take charge of accounting affairs and scenario production for video production, and C established a corporation called “E” on August 14, 2013, and changed its trade name to “F” on December 4, 2013.

On September 23, 2013, the Defendant received 4 million won from the injured party to the account in the name of H, the Defendant’s wife, and transferred it to the account in the name of the Defendant’s head on the same day, and embezzled 1,500,000 won in total on five occasions as in the list of crimes in the attached Table (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses regarding D;

1. The protocol concerning the examination of suspects of the accused and C by the prosecution;

1. Details of transactions in side-fashup in the name of D and details of transactions in national banks;

1. Application of Acts and subordinate statutes on the investigation report (in cases of attaching data submitted by a complainant), the details of total F disbursement, the details of disbursement of card of F corporation, and the details of disbursement of corporation;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

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