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(영문) 대구지방법원 2014.10.16 2014고단3180

업무상횡령

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 25, 2014, the Defendant was sentenced to one year of suspension of the execution of imprisonment for fraud at the Daegu District Court for six months, and the said judgment became final and conclusive on May 3, 2014.

【Criminal Facts】

In April 2012, the Defendant had been engaged in overall tasks such as the operation of the company and the management of funds with D, together with D in Daegu Dong-gu C2, Daegu, 2012.

1. On April 2, 2012, the Defendant, while operating the said victim company, took out a loan of KRW 9,648,500 from the Solomon Savings Bank for the purpose of operating the company, and used KRW 30,500 for personal purposes on April 3, 2012 as well as on April 12, 2012 as indicated in the attached Table (1), used KRW 69,986,390 for personal purposes.

2. On July 2012, the Defendant: (a) while operating the said victim company; (b) obtained a loan from HK Savings Bank to repay the debt that he/she borrowed from the Solomon Savings Bank; and (c) used KRW 10,062,396 as indicated in the attached Table of Crimes (2) for personal purposes until July 27, 2012, while taking out a loan of KRW 40,000,000 on July 25, 2012 or October 59, 2012 and keeping the victim company for business purposes; and (d) used KRW 700,000 as the monthly rent of the Defendant’s house on July 26, 2012, the Defendant consumed KRW 10,062,396 for personal purposes as indicated in the attached Table of Crimes (2).

Accordingly, the Defendant arbitrarily consumed 80,048,786 won while keeping the above money for the victim company in the line of duty and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint;

1. The identification of a document for borrowing money, a written statement, a statement of asset specification, a related documents, a details of account transactions in a new bank, a fact-finding survey before compulsory execution and provisional seizure;

1. The president or the president of a general loan;

1. Details of account transactions with a new bank;

1. Previous convictions in judgment: Criminal history records, investigation reports, and investigation reports;