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(영문) 인천지방법원 부천지원 2014.04.10 2014고단64

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant established C and a corporation to operate the business of importing and selling fishery products(s). C raised funds for the import of fishery products, and the Defendant agreed to use funds only for the import of fishery products. However, the corporate funds agreed to use funds only for the import of fishery products.

Accordingly, from February 1, 2012, the defendant has been engaged in the business of importing, selling, and financing fishery products as a director of the corporation E, a victim of DDadong 201 from the same year.

On February 13, 2012, the Defendant embezzled KRW 207,62,560 in total on 13 occasions from February 7, 2012 to March 30, 2012, as indicated in the list of crimes in the attached Table, while he/she kept fishery products revenue funds deposited in the National Bank account in the above E office for a victim’s business, withdrawn KRW 100,000,000 among them, and lent them to F on his/her own as a deposit for acceptance of bonded storage devices, and arbitrarily used them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Article 356 and Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 of the same Act (Selection of Imprisonment);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., Article 62(1) of the Act on the Suspension of Execution for the following reasons: (a) there is no previous conviction for the defendant; (b) there is no agreement with the victim; (c) the damage of approximately 13 million out of the amount of damage has been recovered; and