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(영문) 부산지방법원 2014.06.26 2014고단868

업무상횡령

Text

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

Reasons

Punishment of the crime

The defendant from March 3, 2013 to the same year.

8. Until December 22, 200, the director of the C Healing-C Shophones group (hereinafter referred to as the "Joint Group") has been engaged in the business of raising musical instruments, such as colorphones, and paying the cost of performance equipment.

1. Embezzlements of musical instruments;

A. On April 9, 2013, the Defendant had D in charge of the financial affairs of the victim of the disaster pay KRW 25,179,000 to the post office deposit account in the name of E, such as colorphones purchased through E, a tenant, and used KRW 5,650,00, which is the difference between E and KRW 19,529,00,000, around April 9, 2013, the Defendant returned 5,650,000, from E, to the agricultural bank deposit account in the name of the Defendant’s name for the operation of the joint owner, and used it for personal purposes around that time.

B. On April 16, 2013, the Defendant: (a) ordered the said D to pay KRW 21,335,000 of the colorphone price purchased through H that operated G located in Suwon-gu, Busan; and (b) returned KRW 6,985,00,00, which is the difference between H and KRW 14,350,000, from H on the same day, to the deposit account in the name of the Defendant’s name for the operation of the group; and (c) used it for the personal purpose around that day while the Defendant was in custody for the victim.

C. On April 8, 2013, the Defendant: (a) demanded the said D to pay KRW 74,750,000 of the price for musical instruments, such as colorphones purchased through K, which is located in the Nam-gu, Busan; and (b) returned KRW 29,200,000, which is the difference between the amount of KRW 45,550,000,000, from K around April 23, 2013 to the Agricultural Bank Account in the name of the Defendant’s name for the operation of the Joint Group; and (c) used it for personal purposes around that time.

Accordingly, the Defendant embezzled 41,835,000 won in total over three times.

2. The Defendant who embezzled the entry into the deposit account on May 10, 2013.