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(영문) 서울북부지방법원 2015.08.11 2015고단1071

업무상횡령

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

From December 20, 2010, the Defendant, as the actual representative of the Victim C Co., Ltd. (hereinafter “victim Co., Ltd”) from around December 20, 201, has overall control over the affairs of the victimized

On July 14, 2011, the Defendant entered into an agreement with Symania to make an investment in the business fund in order to order the domestic employees, etc. of a domestic company entering into a Cream with Symania to take charge of security and expenses, at the office of Symania Co., Ltd. (hereinafter “Symania”), which is located in Ansan-si, Sinsan-si, 1057-2 (hereinafter “Symania”). From July 18, 2011 to January 13, 201, the Defendant received KRW 70 million per month in total from Symania as business fund.

The Defendant voluntarily consumed KRW 1 million out of the above business funds at the office of the damaged company located in Ansan-gu D Building 908-B during the period of July 20, 201, while keeping the above business funds for the damaged company for business purposes.

In addition, from that time until November 21, 2011, the Defendant arbitrarily consumed a total of KRW 23.1 million, as shown in the attached list of crimes, by the following methods, from that time until November 21, 201.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. The defendant's legal statement (on the third date);

1. Statement of the police statement concerning F on September 11, 2014;

1. Application of the Acts and subordinate statutes governing the accusation of July 7, 2014

1. Article 356 and Article 355(1) of the Criminal Act, the choice of fines [the victim company is one company of the defendant, the amount of 10 million won out of the amount of embezzlement until November 201 was deposited into the damaged company, and the defendant notified the head of Sisia Fbu on November 22, 201, of the details of the loan to E, who is the representative director of the victimized company, and became an investor, even though he was aware that he was an investor (the investigative record is about 119 pages, and the defendant did not have any criminal record other than once a fine of this kind).