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(영문) 대구지방법원 김천지원 2016.04.27 2015고단1544

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution on July 22, 2015 in the Daegu District Court Kimcheon branch of the Daegu District Court for the crime of embezzlement on duty, etc. On July 30, 2015, which became final and conclusive in the period of suspended execution.

[2] From July 24, 2012 to August 2014, 2014, the Defendant was working as the representative of the victim company A, which was established for the purpose of manufacturing automation facilities in the Seoul Special Metropolitan City of the Seoul Special Metropolitan City from around July 24, 2012 to around August 2014, and was in general in charge of all the business of the victim company's funds and business, etc., and was able to make a false entry of the victim company E as the auditor of the victim company and pay the payment to E

Around July 2012, the Defendant: (a) while having been in custody of the Victim Company’s operating funds within the said victim Company’s office, transferred KRW 3,441,470 to E as salary, even though the said E did not work at all at all at the victim Company; and (b) did not use it for personal purposes at that time; and (c) remitted total of KRW 71,343,780 to E as indicated in the attached crime list from March 2014, the Defendant arbitrarily used it for personal purposes around that time.

As a result, the defendant embezzled the victim's property in violation of his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A written accusation;

1. An investigation report (in addition to data on the details of benefits by department D);

1. Previous records of judgment: Application of investigation reports (report, such as confirmation of the criminal records of the suspect, reporting of the minor records of the disposition and reporting of the results);

1. Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with labor for the crime

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, even if the victim company is one of the defendants.