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(영문) 수원지방법원 2019.08.30 2019고단2247

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, as a staff member of the C, who is an employee of the Defendant in Leecheon-si, made an investment in the Victim E, an agricultural company located in D when permanent residence in the C, and the Defendant was dispatched to the Victim Company on July 30, 2014. From around that time to May 30, 2018, the Defendant was engaged in general business of the establishment of the Samcheon-si Plant in the Victim Company, and the management and enforcement of funds.

On December 4, 2015, the Defendant embezzled KRW 137,526,70 in total on 27 occasions from around that time to May 18, 2018, when he/she arbitrarily transferred funds in the F Bank account in the name of the victim company to the company bank account in the name of the victim company, and embezzled the said amount by receiving the said amount from G to the Defendant’s H Bank account in return for living expenses, etc. In addition, the Defendant embezzled KRW 4,50,000 in total over 27 times, as shown in the list of crimes, from around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The prosecutor's statement concerning G;

1. Application of Acts and subordinate statutes to fund enforcement documents, detailed statement of account transactions of a company which is a complainant, detailed statement of account transactions of a company which is a complaint (47 pages, 247 pages), detailed statement of account transactions (47 pages, 247 pages), documents of fund execution of a company which is a complainant, investigation report (attached to account transactions), each deposit certificate, purchase statement of 2016, statement of transaction in E ordinary deposits, one sheet of withdrawal money, two sheets prior to deposit, one comprehensive statement of payment in large amount, detailed statement of mass deposits, investigation report (Listening to statements by a suspect-friendlyJ, etc. of A), and report of investigation;

1. Relevant provisions of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts and the choice of punishment (generally, choice of imprisonment) have been led to confession of the defendant for sentencing, and there has not been any criminal records exceeding fine.

However, the defendant embezzleds the funds of the victim company for a long time, and the amount of damage exceeds KRW 130 million.

all the amount of embezzlement by the defendant.