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(영문) 대구지방법원 김천지원 2018.07.24 2018고단270

업무상횡령

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From April 8, 2014 to August 22, 2016, the Defendant is the head of the management department from F, which is a human resources supply company operated by the victim E in the Gu and America, and is a person in charge of the preparation of a document stating the details of the use of the loan table, which is a document stating the details of the use of human resources dispatch and management, the payment of wages to dispatched human resources, the payment of wages to the dispatched human resources, and the balance of the paid wages to the dispatched human resources prior to receiving personnel expenses from the human resources demand company, and the balance of the paid wages to the victim).

On August 8, 2014, the Defendant received KRW 10,00,000 from the person who was in his/her custody for the victim, and received KRW 10,000 from the victim, and was in his/her custody for the victim, at the above F office around August 17, 2014, sent seven human resources to G, a human resources demand company, and paid KRW 560,000 in advance to seven human resources with wages, but the Defendant dispatched eight human resources to the above G, and prepaid eight human resources with the total of KRW 640,00 with wages, as if he/she first paid the eight persons, entered the false amount in the lending comparison list. The Defendant dispatched the amount of KRW 80,000 which was not actually paid to the dispatched human resources to the victim for personal purposes without returning it to the victim, from August 17, 2014 to August 9, 2016, without returning it to the victim’s personal consumption, and then dispatched the total amount of KRW 170,17,7,0.7.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made by the police for E;

1. A report on investigation (in relation to the revision of the total amount of embezzlement);

1. A list of output personnel, a statement of transaction details, a comparison table, and a comparison table;