beta
(영문) 수원지방법원 2020.02.04 2019고단6416

업무상횡령방조

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The husband B of the defendant is the representative director of the victim C, who is engaged in overall management of the above company's funds.

B registered the Defendant, who is the wife, as the above employee of the company, and had the Defendant arbitrarily used the above company fund as a salary for the Defendant.

Accordingly, around November 2, 2009, B transferred KRW 1,021,290, out of the funds deposited in the corporate bank account in the name of the victim company in the name of the victim company, which was kept in the business for the victim, to the account in the name of the defendant. From around that time to September 10, 2018, KRW 227,190,340, total sum of 110 times as stated in the crime list, as in the crime list, to the account in the name of the defendant, and the defendant, knowing that the above B embezzled funds of the victim company, provided the account in the name of the defendant, withdraws them from the account, and aided and abetted the crime by facilitating the embezzlement of the above B by using them as living expenses, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements in the police interrogation protocol concerning B;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article of the Criminal Act and Articles 356, 355 (1), 33, and 32 (1) of the Criminal Act, the choice of fines for criminal facts, and the choice of fines;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument was that the defendant received a total of KRW 227,190,340 from the victim company. However, in the past, the defendant lent a total of KRW 27,000,000 to the victim company's operating funds, and if it is treated that the principal and interest of the above loan are paid in daily, the above company's accounting documents.