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(영문) 부산지방법원 2018.10.17 2018고단3692

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a director of victim E, a corporation that develops medical information programs for hospital hospitals in Busan Dong-gu D or 301, who is engaged in the fund management of the victim company.

The defendant had a mind to embezzled the funds of the victim company by registering a person who has not actually worked in the victim company as an employee and pretending to pay wages.

On December 2, 2016, the Defendant registered the Defendant’s wife F who was not actually working in the Victim Company as the employee of the Victim Company. On January 5, 2017, 2016, the Defendant embezzled the Defendant’s wife F in total 34,292,010 won from the new bank account under the name of the Victim Company, which was in his/her occupational custody for the Victim Company, to the F’s Korean bank account, from that time to March 1, 2018 in the same manner as the list of crimes in the attached Form, and embezzled the Defendant’s wife F in total for the personal use after remitting the amount of KRW 34,292,010 in total over 15 times in the same manner as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made with respect to G and H;

1. Details of new bank transactions;

1. E - Application of the laws and regulations governing the withdrawal of funds in the name of the E bank account - F

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (comprehensive imprisonment with labor);

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Class 1 (100 million won or less) [1 month or October] mitigated area (the person subject to special mitigation] [decision of sentence] The above sentencing guidelines include the defendant's primary offender who has no criminal history, the defendant's age, sex behavior, environment, etc., and the sentencing of this case is determined as ordered by taking into account all the circumstances that are the conditions for the sentencing of this case, such as the defendant's age,