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(영문) 서울서부지방법원 2019.10.23 2019고단686

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From January 2015 to October 12, 2017, the Defendant has been engaged in feed import customs clearance and accounting as employees of D Co., Ltd., a victim of Mapo-gu Seoul Metropolitan Government B and C.

On January 5, 2016, the Defendant transferred KRW 4,853,200 of the company’s funds deposited in the E bank account (Account Number:F) in the name of the Defendant at the above company’s office, to the E bank account (Account Number:G) in the name of the Defendant, and thereafter transferred KRW 434,334,773 of the company’s funds to the above account under the name of the Defendant and kept them in the custody of the said company for business purpose by transferring KRW 30,00 in total from September 25, 2017 to September 25, 2017.

In addition, on January 12, 2016, the Defendant transferred KRW 3,00,000 of the above company’s funds deposited in the E bank account (Account Number: I) in the name of “H” at the above company office to the above E bank account under the Defendant’s name, and from that time until August 24, 2017, the Defendant transferred KRW 395,900,000 of the above company’s funds to the above account under the Defendant’s name and kept them for business purposes.

On January 7, 2016, the Defendant purchased goods equivalent to KRW 5,350,00 in value at the K point of the JJ, Inc., which is located in the area of Guro-gu Seoul Metropolitan Government, and embezzled KRW 173,541,027 in total in the same way as indicated in the separate crime list between September 30, 2017 and September 30, 2017, by settling the amount equivalent to the price for the goods to be deposited from the account in the name of the Defendant, so that the amount equivalent to the goods may be deposited from the account in the name of the Defendant, and consumed it for personal use as well as by consuming KRW 173,561 in total at the place of Seoul, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. Written statements;

1. Investigation report (additional submission of materials by a complainant), each investigation report (Submission of materials by a criminal suspect), and investigation report (Submission of reference materials by a complainant);

1. A. of the suspect’s personal account transaction record certificate, A.