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(영문) 인천지방법원 2013.10.14 2013고단5665

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from October 2004 to October 2012, 2012, was engaged in the business of managing the company funds by taking overall control of the company as the factory head of the victim E company located in Bupyeong-gu Seoul Special Metropolitan City, Busan Special Metropolitan City.

While the Defendant was in charge of managing passbooks and cards in the name of the above company and kept the company funds, on August 10, 201, the Defendant transferred KRW 6,589,520 from the account in the name of the above company to the Japanese bank account in the name of the Defendant to the bank account in the name of the Defendant, and arbitrarily used them for its own title disc operation expenses, and on December 2, 2011, from the account in the name of the above company, the Defendant kept the company funds. < Amended by Act No. 11137, Dec. 26, 2011; Act No. 11239, Jan. 26, 201

3.9.9. The same year.

3.30. 30. 30. The same year

7.20. 20. 20.

8. On September 20, 200, KRW 450,000, respectively, was transferred to the national bank account in the name of the Defendant by an unlawful means, and embezzled total of KRW 10,189,520 on September 20, 2012, by transferring KRW 450,000 to the Japanese bank account in the name of the Defendant and arbitrarily using it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Complaint;

1. The details of each bank transaction, the details of passbooks, the details of card use, and the application of Acts and subordinate statutes on each entry and withdrawal;

1. Relevant legal provisions concerning criminal facts: Articles 356 and 355 (1) of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (i.e., the fact that the defendant is the first offender, the fact that the defendant recognizes all the facts charged and is in deep reflect on the depth, and the total amount of