beta
(영문) 인천지방법원 2014.02.05 2013고단4467

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

From February 17, 2011 to November 10, 2011, the Defendant, as the representative director of the D Co., Ltd. (F from August 31, 201 to F Co., Ltd., Ltd.; F from February 17, 2012 to D each other), was engaged in the business of fund management, such as entry and withdrawal, under the direction of the G vice-chairperson.

1. On October 14, 201, the Defendant: (a) transferred KRW 40 million from the bank account (Account Number I) in the name of the Defendant to the bank account (Account Number H) in the name of the Defendant to the Internet banking account on October 14, 201; and (b) arbitrarily embezzled it by using the Defendant’s personal debt repayment, etc.

2. On October 19, 201, the Defendant: (a) transferred KRW 20 million to the above bank account in the name of the Defendant from the Internet Bank account (Account NumberJ) to the above bank account in the name of the Defendant on October 19, 201; and (b) arbitrarily embezzled it by using the Defendant’s personal debt repayment, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Application of Acts and subordinate statutes on the details of each corporate account of Korean banks and new banks;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., the reasons for sentencing) is that the amount of embezzlement of the accused is not much low is unfavorable.

However, there is no record that the defendant led to the crime of this case, and there is no record of punishment so far, and the victim company does not have the punishment of the defendant.