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(영문) 대구지방법원 2016.10.14 2016고단1918

업무상횡령

Text

Imprisonment with prison labor for six months and six months for the crimes of No. 2 of the judgment of the defendant as to the crimes of No. 1 of the judgment.

Reasons

Punishment of the crime

On August 28, 2008, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. in the Western Branch of the Daegu District Court on September 5, 2008, and the judgment became final and conclusive.

The Defendant has overall control over the business of the Defendant as the actual operator of the Victim D Co., Ltd., a real estate development and housing construction business in Daegu Suwon-gu C.

1. On August 21, 2008, the Defendant embezzled KRW 30 million on August 20, 2008: (a) remitted KRW 30 million to the account in the name of E used by the Defendant for the civil engineering and design cost of apartment buildings to the account in the name of E in the name of E used by the Defendant for the said company and voluntarily consumed the said amount for personal purposes in Daegu-gu Won. < Amended by Act No. 8857, Aug. 21, 2008>

Accordingly, the defendant embezzled the victim's property.

2. On September 11, 2008, the Defendant, on September 11, 2008, embezzled KRW 19 million, was transferred to the account in the name of E used by the Defendant in the name of E in the name of the public official with knowledge and permission for the public official with knowledge and permission on Sep. 10, 2008, and was in the course of his/her business custody, he/she withdrawn KRW 19.4 million on September 11, 2008 in cash and consumed it for personal use for the purpose of personal use from Daegu KRW 19.4 million.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the accused (including F's statement)

1. Each statement of F in the police interrogation protocol against the accused;

1. Investigation reports (Binding documents of transactions in the E passbook), documents of transactions in the accounts of community credit cooperatives and details of transactions in the D passbook;

1. Previous convictions: Criminal records, etc. and the application of statutes concerning criminal cases related to defendants;

1. Relevant Articles 356 and 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent crimes (the crime of occupational embezzlement of Article 1 at the time of the sale);

1. Article 62 (1) of the Criminal Act (i.e., that there is an penance and that 40 million won has been deposited for the victim, etc.) of the suspended execution;