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(영문) 수원지방법원 여주지원 2017.12.19 2017고단586

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From September 2009 to August 2015, the Defendant is a person who is in charge of the research and production of health food, etc. in Seongbuk-gu, Sungnam-gu, Sungnam-gu, 1808, and the victim D Co., Ltd. (hereinafter “victim D”) that produces health food, etc., and the Defendant was in charge of the accounting management, finance, general affairs, and fund management of the victim company.

While the Defendant was in charge of the financial affairs of the victim company while managing the account of the victim company as above, he had falsely prepared a daily statement of funds as if he paid four-year insurance premiums to the employees of the victim company, corporate tax, etc. of the victim company, and had the intent to arbitrarily withdraw funds from the account of the victim company and appropriate them.

On May 2, 2011, the Defendant embezzled an amount equivalent to KRW 1,506,590 in total of the funds of the victim company from around 143,071,80 to August 10, 2015, including the transfer of money equivalent to KRW 1,506,590 to the new bank account in the name of the Defendant, under the pretext of paying the corporate tax, etc. of the victim company from the new bank account in the name of the Defendant, and arbitrarily used it as personal living expenses, entertainment expenses, etc., as shown in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the statement in E);

1. Complaint;

1. Statement protocol with respect to E;

1. Investigation report (Submission of additional data on the list of crimes committed on the complainants);

1. A list of crimes (a list of useful information, such as corporate tax, additional tax, and neighboring tax);

1. The receipt, the certificate of confirmation of transfer by Internet banking, the detailed transaction by account, and the detailed transaction by account;

1. A list of crimes (four major insurance, and other useful details);

1. A crime sight list (specifics on utilization of bankbooks);

1. Inquiries about details of deposits transactions;

1. A list of crimes (other details of utilization of value added taxes);

1. Investigative report (in case of submission of additional data on the list of crimes committed on the complainants);

1. A copy of the daily statement of funds;

1. Details of transactions by account (from July 21, 2014 to December 31, 2015)

1. An investigation report (the deposit account of a new bank in the name of the defendant) 1.