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(영문) 창원지방법원 마산지원 2013.12.10 2013고정481

업무상횡령

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From around 2003 to September 2012, the Defendant served as the Director of the Management Office of the Chang-si Mhappo-si, Changwon-si.

In return for installation from August 8, 200 to September 2012, the Defendant: (a) transferred KRW 19,425,000 to relay towers’s rent of KRW 10,420,00 to relay towers’s electricity fee of KRW 10,420,00; and (b) transferred KRW 29,445,00 to NAD’s account under the name of the Defendant for business purposes, the Defendant transferred KRW 8,840,000 to the Defendant’s personal consumption of KRW 7 times in total from August 10, 2012, including KRW 1,100,000, as shown in the annexed Table of Crimes, to the Defendant’s personal consumption of KRW 2,315,50,00,00 for the Defendant’s personal use; and (c) transferred the amount of KRW 8,840,000 to the Defendant’s personal consumption of KRW 2,305,708,700.

Summary of Evidence

1. Each legal statement of witness F and G;

1. A protocol of examination of part of the defendant by prosecution;

1. The police statement of H;

1. Each written statement of I, J, K, and L;

1. Real estate lease contract;

1. Each letter;

1. A list of transactions of self-reliance deposits;

1. Electric utility use contract;

1. Investigation report (M telephone survey-N);

1. Details of replies from a third mobile company, such as KT;

1. Contents sent by the Korea Electric Power Corporation ( March 27, 06) to I;

1. photographs installed in a communication meter in a commercial building;

1. Investigation report ( telephone conversations of a witness);

1. A list of documents submitted by theO;

1. A criminal investigation report (related to the head of the P Hospital before the P Hospital and Q telephone statement);

1. A list of transactions in free savings deposit in GFF;

1. Photographs to be submitted to the public (the photographs filled in a large envelope);

1. The details of transactions of the J-Free Savings Deposit;

1. Details transferred from the A account;

1. Details transferred from G accounts;

1. Details transferred from the J account;

1. Investigation report (any other party to theR Co., Ltd. and procedures for processing the collection of management expenses);

1. Management expenses for the execution of a warrant of investigation, report, search, and inspection;