업무상횡령
A defendant shall be punished by imprisonment for not less than one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
From August 2007, the Defendant is the representative director of the Victim C Co., Ltd (Co., Ltd. after the change) in net City B from August 2007, who exercises overall control over all the affairs including the fund management of the above company.
1. On December 23, 2010, the Defendant embezzled the funds of the company using the passbook in the name of E, the Defendant: (a) supplied materials to G (representative E) companies in the name of F at a non-place in the net city of 10,000; (b) deposited KRW 62 million in the account in the name of E; and (c) embezzled the funds of the company by voluntarily consuming KRW 267,865,440 through 36 times from December 23, 2010 to December 16, 201, while the Defendant was engaged in the business of obtaining the passbook and seal from E and transferred the funds to H accounts in the name of E for the sake of the company; and (d) made a direct withdrawal in cash or transfer of the funds to the former address to be used for personal use, as shown in attached Table 1, as shown in attached Table 1.
2. On June 2, 201, the Defendant embezzled the funds of the company using passbook in the name of I (J) from June 4, 201 to June 10, 201, the Defendant embezzled KRW 30 million of the company’s funds by arbitrarily consuming the amount of KRW 30 million,00,000,000, which the said victimized company received by supplying materials to L companies located in K at the time of the said damage company, into the account in the name of I. The Defendant embezzled the funds of the company from June 4, 2011 to June 10, 201, while obtaining the passbook and seal from the said I and keeping the funds for the company for business purposes, as shown in attached Table 2 of the List of Crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to H, E, and J;
1. Internal History Report (A with respect to the attachment of a copy of a copy of A’s mother M passbook - A’s copy of the internal copy, report of internal investigation (limited to attachment of a copy of the E passbook used by A), E copy of the passbook - report of internal investigation (limited to attachment of a copy of the I passbook used by A), I’s copy of the passbook - Each certified copy of the corporate register, investigation report of the suspect A, and investigation report of the suspect A.