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(영문) 서울중앙지방법원 2019.05.23 2018고단7827

업무상횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

The defendant, as the representative director of the victim B corporation established for the purpose of real estate development, was in charge of the operation and fund management of the above company, and was in custody of the above company's funds deposited in the C account (Account Number D) in the name of the victim company.

On May 18, 2015, the Defendant withdrawn KRW 10,154,00 from the above company’s funds deposited in the above company’s office as an allowance for E, and then arbitrarily used them for personal purposes from that time to August 2, 2016, including the Defendant’s arbitrary withdrawal of KRW 73,445,150 in total from the above account to August 2, 2016, as shown in the list of crimes in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property in his occupational custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol of statement to F;

1. Article 356 and Article 355(1) of the Criminal Act, inclusive of the relevant criminal facts (the choice of fines. Taking into account the circumstances in which the Defendant deposited money exceeding the amount of damage in the form of deposit by the representative director in the form of deposit with the victim by the representative director, settlement between the Defendant and the victim would lead to the conclusion that a considerable portion of the amount of damage in the instant case would have been repaid);

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;