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(영문) 대구지방법원 2017.07.20 2016고단4047

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is dismissed from office of representative director on August 12, 2014, as the former representative director of D, a corporation with an office in Daegu-gu Office C.

1. On July 8, 2014, the Defendant embezzled the amount of KRW 3.3 million by remitting it to B-at-law at the national bank’s office in the name of the above corporation to B-at-law, and remitting KRW 2.2 million to B-at-law on the 11th of the same month, etc., without justifiable grounds, even though it is required to spend it for the company’s business.

2. On August 13, 2014, the Defendant: (a) had a legal staff-in-law employee E transfer 26.8 million won from the national bank, the head of the Tong, the corporate head of the Tong, D Co., Ltd., to E; and (b) embezzled it by arbitrarily using the head of the Tong.

3. On August 13, 2014, the Defendant: (a) from April 1, 2014 at the Kimcheon-si, Kimcheon-si, 128, Kimcheon-si, the same year;

6. The value-added tax refund amounting to 33,185,610 won has been refunded and embezzled in a way that arbitrarily uses it.

Summary of Evidence

1. Each legal statement of witness F and G;

1. A copy of each trial record in the Daegu District Court 2015 High Court 401 High Court 3,4, and 5 High Court 2015 High Court 401 High Court , a copy of each trial record of witness examination (H, I, J, K), each record book (H, I, J,K), a copy of each court record in the Daegu District Court 2015 High Court 4605 High Court 201 and each second court record;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with respect to L;

1. Certificates of all registrations, personal financial transactions, transfer contract, summary of oral argument, weekly business plan, project plan, project plan (2014Kahaphap 105), copy of the decision of the Daegu District Court (2015 Mahap 401), copy of the decision of the Daegu District Court (2015 Mahap 401), text of the decision of the Daegu District Court (2014 Mahap 38955), application for registration of change of articles of incorporation, application for registration of change of a stock company, written consent of all shareholders, written consent of all shareholders, written consent of allocation of new shares, written waiver of acceptance of new shares;