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(영문) 대구지방법원 2016.07.14 2016고단2014

업무상횡령

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of the victim (the state)C, who is in general charge of the management of funds of the victim company.

On May 3, 2013, the Defendant paid the construction cost of KRW 50 million to E, executive director F, and victim’s hotel extension work, with the amount of KRW 15,510,000,000,000, and then received the return of KRW 500,000,000 among them through G (State) (State) who is a subcontractor, and received KRW 50,000,000 from May 31, 2013 to January 9, 2014 in total from the executives and employees of G (State) to be paid KRW 50,00,000 in cash.

On October 17, 2014, the Defendant deposited KRW 100,000,000,000, out of KRW 500,000,00 in the account under the name of the Defendant’s H, and transferred KRW 100,000,000 on October 23, 2014 to the corporate bank account under the name of the victim’s name, and then embezzled KRW 100,620,111 (including some of the balance in the corporate bank account under the name of the victim’s company), which again transferred KRW 100,620,111 (including some of the balance in the corporate bank account under the name of the victim company), to the corporate bank account under the name of H and kept for the victim company. After arbitrarily transferring KRW 13,050,413 among them to the account under the name of the Defendant’s bank account under the name of one bank, the Defendant’s personal residence charges, repayment of the apartment loan charges, management expenses, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of the F and E by each prosecution;

1. Statement made by each prosecutor to the prosecution against I, H and J;

1. Details of account transactions in one bank and one bank bank, details of use for each account and 400 million won, copies of bankbooks in H’s name, details of use for 100 million won, and copies of bankbooks in A’ name;

1. Application of K’s Daegu Bank and H’s account transaction details, use of 200 million won deposited on April 25, 2014 for the deposited 200 million won, use of 100 million won deposited on October 23, 2014 for the deposited 100 million won, and application of laws and regulations on accounting set forth in the list of accounts handled as a virtual deposit.

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;