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(영문) 서울중앙지방법원 2014.09.19 2013고정6574

업무상횡령

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is in charge of managing the company's funds as the representative director E company.

Around March 15, 2011, the Defendant entered into a supply contract which produces and installs the 1 set in the F Co., Ltd. in the F Co., Ltd., which is located in Ansan-si, Seoul-si, and between H, G and H, with the price of KRW 245 million,000,000,000,000,000,000 won, and received a loan from the transaction bank for the payment of the price of supply.

The Defendant, with the opportunity to pay the price for supply to the above H, withdrawn the company funds and laundry them, and had the representative director created with the cash bonds with the company, and had the intent to embezzled the company funds by lending money to the company.

The Defendant demanded the said G to use the borrowed name passbook and seal in the H name, and received the borrowed name passbook and seal in the said H name, and agreed to pay the actual price for supply under the said contract to another passbook in the H name.

The Defendant, as if the price of supplied goods was paid normally to H, deposited several times with the above borrowed passbook, paid some amount to H as the price of supplied goods by transferring it to another passbook under the name of H, and embezzled the remainder by arbitrarily withdrawing KRW 40 million on April 12, 201, KRW 400,000 on April 27, 201, KRW 43 million on June 1, 201, and KRW 45 million on June 1, 201, and using it for personal purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. Partial statement of the defendant in the suspect examination protocol against the defendant;

1. Investigation report (Submission of Suspect A-President of the Account in 201) and investigation report (Submission of Suspect Reference Data-Contract (gold KRW 350,000,00));

1. Application of Acts and subordinate statutes to the contract (19 pages), power of attorney, copy of the passbook of a new bank in the name of the Bank in the name of the Bank Co., Ltd. and the details of the Nong Bank L

1. Relevant provisions concerning facts constituting an offense;