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(영문) 대구지방법원 포항지원 2019.09.04 2019고단843

업무상횡령등

Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A has overall control over the affairs, financing management, etc. of the corporation as the representative director of the corporation (StateB) established for the purpose of managing foreign seafarers.

1. Defendant A

A. A. Around 2015, the Defendant violated the Electronic Financial Transactions Act: (a) the transmitting company for a foreign seafarer in Indonesia and “if the transmitting company sends a foreign seafarer to the Republic of Korea, the said company would be obliged to pay a fee under the name of a certain management cost on behalf of the transmitting company; (b) the said fee was paid to the foreign seafarer.”

No person may transfer or acquire any means of access in using and managing the means of access.

Nevertheless, around July 25, 2014, the Defendant opened a passbook, physical card, and password in the name of the D bank account (E) from C of Indonesia’s nationality. From March 18, 2015 to October 26, 2017, the Defendant opened the passbook, physical card, and password in the name of D bank account (G) from F of Indonesia’s nationality throughout the following day from March 18, 2015.

Accordingly, the Defendant received the means of access.

B. Around January 8, 2015, the Defendant embezzled KRW 24,550,824, total sum of KRW 200,000,000 for the purpose of personal living expenses and debt repayment, etc. from around 403 times to October 26, 2017, when fees were deposited in the name of management expenses sent by a forwarding company to a foreign seafarer to a bank account in the name of DB connected to the means of access that was taken over, the Defendant embezzled KRW 44,50,824 for the purpose of personal living expenses and debt repayment, etc.

2. Defendant B, a representative director, committed the act of violation as described in the above 1-A in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. H. I.D.