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(영문) 인천지방법원 2017.04.27 2016고정3346

업무상횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From July 1, 2014 to September 14, 2015, the Defendant has operated a mutual name “E” established by the victim’s association in Dong-gu Incheon Metropolitan City, Dong-gu, and has been engaged in the settlement and operation of the said association.

1. The Defendant received a total of KRW 6,207,631 from July 1, 2014 to September 29, 2014 from the above store’s card sales, and used the Defendant’s mother F’s personal debt repayment, and embezzled the victim’s property for personal purposes.

2. On February 16, 2015, the Defendant received the additional tax refund amounting to KRW 2,704,600, which occurred from operating the said store and received for the said association’s occupational custody, and then embezzled the victim’s property by arbitrarily consuming it for personal use, instead of depositing it into the account of the said association’s income under the pretext of repaying the Defendant’s investment funds.

3. From March 2015 to June 2015, the Defendant received KRW 581,00 from the employees of the Dong office as the Defendant’s accounting account for meal expenses of the said store, and kept in custody for the said association for business purposes. At that time, the Defendant embezzled the victim’s property by arbitrarily consuming the said amount into the income account of the said association and by arbitrarily consuming it for personal purposes.

Accordingly, the Defendant embezzled total of KRW 9,493,231 on three occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

1. Application of Acts and subordinate statutes to a copy of a bankbook of earnings, details of passbook of subsidies, official documents for the correction of village companies, details of transfer of accounts to Dong offices, notice of national tax refund, J sales ledger, village companies' ledger, records of sales of cards in September 7, 8, and 9, verification of the establishment report of cooperatives, verification of the establishment report of cooperatives, certificate of business report, notification of the designation of village companies, confirmation of business owners such as overdue wages, etc., ledger of sales (K), separate books (related data

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;