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(영문) 서울남부지방법원 2015.11.16 2014고단4453

업무상횡령

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

From around 2009, the Defendant has been engaged in the overall management of the company’s business as the representative director B, and has been engaged in the management of the company’s funds.

On March 3, 2013, the Defendant agreed to accept D by investing in money with the victim C Co., Ltd., and around May 3, 2013, the Defendant received KRW 100 million from the affected Co., Ltd.’s account (E) to the foreign exchange bank account (F) of the victimized Co., Ltd. as the investment money for D takeover from the victimized Co., Ltd., and was in custody for the victimized Co., Ltd., on May 3, 2013, the Defendant paid KRW 8.19 billion out of the above KRW 100 million to G, a director of B, as the vehicle lease deposit.

From that time to May 4, 2013, the Defendant consumed 100 million won of the investment in the same way in total, 15 times, as indicated in the attached list of crimes.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of police statement made to H and I;

1. Details of each bank transaction;

1. Implementation agreements;

1. Investigation reports (accounting data);

1. Application of Acts and subordinate statutes to a report on investigation (attached to a contract);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the reasons for sentencing selective to imprisonment with labor;

1. From one year to three years of imprisonment on the sentencing guidelines (the embezzlement and breach of trust, the first type (at least KRW 100 million, the amount of less than KRW 500), and the basic field);

2. Determination of sentence: Imprisonment with prison labor for one year and two months;