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(영문) 수원지방법원 성남지원 2015.08.18 2013고단2417

업무상횡령

Text

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

Of the facts charged in the instant case, occupational embezzlement concerning the attached list of crimes (2) is made.

Reasons

Punishment of the crime

The Defendant, from around 2004 to May 28, 2007, is the head of the sales division of the (State) E, a livestock products distribution company that D actually operated by D, and was engaged in the purchase, sale, and collection of livestock products. The Defendant closed the said DE and established (State)F on May 29, 2007, and was in charge of the business of the company from November 17, 201, while working as the representative director of the FF from that time to November 201.

1. On January 16, 2007, the Defendant received KRW 902,00,000 from Sungnam-gu G, Sungnam-gu, the Defendant used the Defendant’s credit card payment, etc. and consumed for personal purposes for the Defendant’s credit card payment.

In addition, the Defendant, from around that time to around November 2, 201, transferred KRW 1 to 71, 74, 77, 79, and 81 to 104 of the annexed Table of Crimes (1), and embezzled the Defendant’s personal use in the name of the Defendant from around 100 to the Defendant’s account and two new bank accounts (R, S, 73, 670,172).

2. On February 9, 201, the Defendant: (a) withdrawn KRW 15,00,000 from the new bank account in the name of D in the name of D (U) that is used as the management account of company funds upon request from T (30,000,000 won from T (i) the private village of D) and (ii) withdrawn KRW 30,000,000 in cash, such as withdrawing KRW 15,00,000 from the same account at the same place on February 11, 201, under the same name as above; and (b) withdrawn KRW 30,00,000 in cash, which was kept for business purpose of D; (c) even if the said T is withdrawn from the intent of borrowing, the Defendant again withdraws it under the name of F or F.