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(영문) 부산지방법원 2018.06.19 2017고정1251

업무상횡령

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, from November 1, 201 to June 30, 2011, served as the representative director and the managing director of the Victim E Co., Ltd. located in Geum-gu Busan, Busan, and was engaged in personnel management, finance, accounting, etc.

On January 14, 2012, the Defendant settled KRW 772,000 for the settlement of food costs at F cafeteria located in Busan Dong-gu around January 14, 2012 while keeping the NongHy credit card in the name of the victim for business purposes, and the same year.

4. On 17. G stores located in the Geum-gu Busan Metropolitan City for the settlement of electronic equipment costs of KRW 2,772,000,000 for personal consumption and embezzlement.

Summary of Evidence

1. Protocols of partial examination of the witness to H by this court;

1. A copy of the detailed statement of approval for the NongHyup Card (A use details);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged is that the Defendant, from November 1, 201 to June 30, 201, served as the victim E’s representative director and the managing director, and was engaged in personnel management, finance, accounting, etc.

A. On November 8, 2011, the Defendant received KRW 300,000 from I, a person in charge of accounting and financial affairs, in cash market at the above company office, and used the company’s funds for the said company for personal purposes at the time of the receipt of KRW 300,000 for the said company.

In addition, from around that time to August 10, 2012, the Defendant arbitrarily consumed KRW 4,900,000 in total eight times, such as the list of offenses (1) as shown in the attached Table (1).

B. On November 26, 2011, the Defendant received KRW 50,000 from the J in charge of accounting affairs at the above company’s office and used the company’s funds for personal purposes at around that time while keeping the company for business purposes.

The defendant.