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(영문) 부산지방법원 2015.08.20 2015고단1755

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From June 26, 2002 to May 31, 2006, the Defendant served as the representative director of F Co., Ltd. (F) located in Busan Dong-gu E, and was engaged in the overall operation and management of F.

From April 3, 1984, F entered into an agency contract with the victim G Co., Ltd. to provide seafarers necessary for the navigation of the ship owned by the victim, to perform duties necessary for the management of seafarers, a seafarer employment contract to provide wages to seafarers on behalf of the victim, to provide insurance services, to provide national pension services, and to enter into a medical insurance contract on behalf of the insured, and to renew the contract each year on September 30, 1997, which entered into an agreement with the victim on the emergency loan system and kept the above emergency loan in custody by receiving USD 200,000 from the victim for emergency loans from the victim around that time. From August 2, 2004, the defendant was appointed as the representative director, the defendant deposited three bank accounts in the name of the defendant's wife (Account number: I: I, J, and K).

On April 18, 2006, immediately after receiving a notice of termination of the contract from the victim on April 7, 2006, when the Defendant was in the custody of the victim as above for business, the Defendant withdrawn KRW 110 million in total of deposits deposited in the Japanese bank account (Account Number: J and K) in the above H on April 18, 2006, and then embezzled KRW 52,220,00 in total of deposits deposited in the Japanese bank account (Account Number: I) in the H on May 18, 2006, and embezzled by using the personal debt repayment, etc. unrelated to the victim around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's protocol of statement concerning L, M and N;

1. Each police statement of theO;

1. A copy of the P statement;

1. Each agency contract, each seafarer employment contract, each notice of employment contract, written agreement on the seafarer emergency loan system, March 206, and each of the seafarers emergency loans;