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(영문) 울산지방법원 2015.07.03 2014고단3861

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

However, 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 is a person who served as an accounting employee at the victim D Co., Ltd. (hereinafter referred to as the “victim Co., Ltd.”) located in Ulsan-si, Ulsan-si, Ulsan-si from July 2003 to January 201 and has been engaged in accounting affairs, such as raising and withdrawing the funds of the victim Co., Ltd., and arranging accounting books.

Around August 30, 2007, the Defendant transferred KRW 5,000,000,000 business funds of the victim company to a new bank account (Account Number E) in the name of the Defendant, and embezzled KRW 23,676,80,000 for the victim company by using KRW 3,807,280 for the personal purpose, such as living expenses, from around August 25, 2010 to around 54 times, as shown in the separate crime list, from around August 25, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

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

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to the accusation, written agreement, details of passbook transactions, details of passbook transactions, certificates of passbook transfer, identification-1, increase-2, details of deposit in cash to a corporation account, details of deposit in the account of the corporation, details of transactions on Internet banking transactions, details of deposit and withdrawal, details of transactions on deposit and withdrawal, details of transactions on deposit and withdrawal, details of transactions on deposit and withdrawal (title A), and details of transactions on deposit and withdrawal;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62(1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 2 (100 million won or more to 50 million won) (6-2 years) in the mitigation area (6-2 years), in a case where punishment is not imposed or significant damage is recovered (the decision of sentence], and the defendant and his defense counsel deposit the amount into the company account.