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(영문) 대구지방법원 2014.10.31 2014고단219

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, 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

From October 19, 2008 to April 2, 2013, the Defendant was the representative director of the Victim E Co., Ltd., Ltd., located in the 23 Dong-gu building D, Daegu Northern District from October 19, 2008.

On February 5, 2010, the Defendant, at the office of the above company, transferred KRW 2 million to the Defendant’s corporate bank account at the Industrial Bank of Korea (Account Number:F) account, which is the said company’s corporate account for the victim, and embezzled 87,735,730 won in total from the said company’s account to the Defendant’s corporate bank account at 14 times in total, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Submission of a supplementary statement or a written statement of C;

1. A complaint, the details of unauthorized withdrawal of corporate accounts, the detailed statement of transactions by account, the details of unauthorized withdrawal of corporate accounts, the details of unauthorized withdrawal of corporate accounts, tax invoices, etc., investigation reports (attached to a suspect's account transaction statement), the statement of account transactions, the statement of withdrawal, the confirmation of withdrawal, the statement of transaction by account, the statement of withdrawal, the statement of transaction by account, the ledger of each account, the documents submitted by the complainant, the documents of submission by account, the investigation report (report attached to the statement of transactions by account, etc.

1. Articles 356 and 355 (1) of the Criminal Act, inclusive, by relevant provisions concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 32(1)1 and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Compensation Order (the existence and scope of liability for compensation is not clear by agreement with the victim) (the application for compensation in this case is dismissed as it is unlawful) that the defendant confessions and reflects the fact of crime, smoothly agrees with the victim, the circumstance that some of the circumstances are considered in the course of the crime, there are no circumstances punished except for a fine, and support the wife and two children. The defendant's age, character and conduct are supported.