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(영문) 울산지방법원 2019.10.11 2017고합252

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

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

Reasons

Punishment of the crime

The Defendant, from October 3, 2007 to December 23, 2009, is the representative director of the victim C Co., Ltd. (hereinafter “victim”) located in Busan Northern-gu B (hereinafter “victim”) who has been engaged in the management and fund management of the victimized company.

On October 22, 2007, the Defendant, while keeping the funds of the victimized company in an unspecified land, voluntarily withdrawn KRW 15 million in cash from the D Bank account (E) in the name of the victimized company, and used them as operating funds, such as personnel expenses of the said G Co., Ltd. by arbitrarily withdrawing KRW 5,00,000 from June 30, 2009 to June 30, 2009, including using them for the operating funds of G Co., Ltd. (Representative A) in F in the name of the victimized company, which the Defendant personally operated, from that time, from that time to June 30, 2009.

Accordingly, the Defendant embezzled the property of the victimized company for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused;

1. Each police statement made to H and I;

1. A written statement of I;

1. A complaint;

1. An investigation report ( listening to the I’s statement for the disbursement of expenses), an investigation report ( listening to the auditJ’s statement), an investigation report (Attachment to a list of tax invoices by week), a criminal investigation report (report on the results of account tracking), a criminal investigation report (organization of the other party’s telephone statement received from C) (organization of the other party’s telephone statement received from C), a criminal investigation report (specific for embezzlement) and a criminal investigation report (attached report, such as a statement of account description);

1. Application of the C corporate register, corporate register, G corporate register, list of total tax invoices by customer, C and the G in the name of the company in charge of the settlement of accounts, e-mail, CD banks, enterprise banks, K Association account transactions, cash withdrawal and G use, and the Acts and subordinate statutes of the former Table;

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355(1)1 of the Criminal Act concerning the crime.