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(영문) 울산지방법원 2014.05.30 2014고정301

업무상횡령

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant practically operated the victim corporation D with the fifth floor of Ulsan-gu C building, and took charge of overall control over the above corporation's business, including fund management.

On November 19, 2010, the Defendant transferred members and businesses of the Victim Company to D Co., Ltd. located in Busan Dong-gu E building 302 (hereinafter referred to as “U.S. E. D”). On January 18, 201, the Defendant again decided to re-transfer members and businesses from Busan D, but from November 201 to January 201, the Defendant received from Busan D and transferred KRW 30,600,000 per month from November 201 to January 201.

On March 21, 2011, the Defendant received KRW 2 million from Busan D in the account of the Defendant’s community credit cooperative account (Account Number F) and transferred it for the victim company. On March 23, 2011, the Defendant transferred it to the Defendant’s agricultural bank account in G and used it arbitrarily for personal purposes, such as food, etc.

From around that time to June 9, 201, the Defendant embezzled KRW 30,547,620 on a total of 23 occasions while he/she received a remittance of KRW 30,60,000 from the victim company’s trade union membership fees, as listed in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of prosecutorial statement concerning H;

1. Statement of each police statement to I and J;

1. Application of Acts and subordinate statutes concerning details of transactions by account;

1. Article 356 of the Criminal Act applicable to the relevant criminal facts and Articles 356 and 355 (1) of the Criminal Act (generally and collectively, selection of fines);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;