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(영문) 대구지방법원 김천지원 2017.06.15 2017고단148

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. From July 15, 2013, the Defendant: (a) from around July 15, 2013, was in charge of the crime against the victim C with a representative under the name of the “E gas station” located in Asan City D in which the victim C actually operated; (b) has overall management of gas stations; and (c) has been engaged in the business of purchasing oil from customers.

On July 16, 2013, the Defendant opened an account (National Bank F) in the name of the Defendant to use for gas station business, and deposited the card sales amount, etc. generated from gas station into the said account for the purpose of business custody for the victim. On August 26, 2013, the Defendant withdrawn cash of KRW 70 million from the window of a branch office located in the National Bank located in Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and embezzled it for the purpose of opening the amusement facility business.

2. The Defendant committed the crime against the victim G was a representative in the name of the “I gas station” located in the G in Young-gu, Young-gu, the actual operation of the victim G from the early August 2013, who is engaged in the overall management of the gas station and the business of purchasing oil from the customer.

On August 6, 2013, according to the victim’s instructions, the Defendant opened an account of a business entity to use for gas stations (new bankJ) under the Defendant’s name, and deposited the card sales proceeds, etc. generated at gas stations into the said account and stored for the victim’s business purposes. On August 26, 2013, the Defendant: (a) deposited the card sales proceeds, etc. in the said account; (b) deposited them into the said account; and (c) embezzled the total amount of KRW 120,200,000 on two occasions, and embezzled them for the purpose of using the entertainment business opening costs, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement concerning G, K, and L;

1. Each statement of M, L, N, andO;

1. Investigation reports (Analysis and attachment of details of account transactions submitted by a suspect), application of Acts and subordinate statutes on transactions conducted by a new bank or a national bank;

1. Article 356 of the Criminal Act applicable to the crime and Article 356 of the choice of punishment.

참조조문