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(영문) 서울중앙지방법원 2018.11.14 2018고단5316

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant, who was the representative director of Seongbuk-gu Seoul building B or digital siren D Co., Ltd., and has overall control over the business of keeping, managing, and executing the company's funds and stored the company's funds for business purposes.

The Defendant used the fact that corporate funds are frequently disbursed under the pretext of “technical services expenses,” etc. in terms of the characteristics of digital siren companies, and transferred the company funds to the account of the nearest person under the said pretext, etc., and received them from the Defendant or his wife E by either return them to the Defendant or receiving them in cash, and used them for private purposes, such as living expenses, deposit money, personal investment expenses, etc.

On February 9, 2015, the Defendant: (a) transferred KRW 9,670,500 of the Company’s funds to the G bank account (H) in the past E’s workplace Dong FeeF under the name of “technical service charges”; and (b) received them in the order transfer to E’s account and Defendant’s account; and (c) received KRW 4,00,000,000 among them by the way of having aided the Company.

5,670,500 won paid to I as personnel expenses and embezzled 5,670,50 won for personal use such as living expenses around that time.

In addition, from December 8, 2010 to the above date, the Defendant embezzled the company’s funds of KRW 414,077,590 in total over 63 times, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. A protocol concerning the examination of the suspect against the defendant, No. 5, 6, or 7 times;

1. A protocol concerning the examination of suspect to the prosecution against J;

1. A protocol concerning the examination of suspect by the police against J;

1. Each police statement protocol with respect to K, E, L, M, N, F, copy of each police statement protocol with respect to I, copy of each police statement protocol with respect toO, and copy of each police statement protocol with respect toO (4 times);

1. An investigation report (related to the suspected suspicions of raising D funds), an investigation report (related to the list of crimes of occupational embezzlement of a suspect A -1), an investigation report (related to the list of crimes of occupational embezzlement of a suspect A -2), the criminal place (related to the list of crimes of occupational embezzlement of a suspect A), and the criminal place (related to such crimes).