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(영문) 창원지방법원 2016.09.29 2016고정689

업무상횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 26, 2012, from around January 26, 2012 to January 12, 2014, the Defendant served in the tax free of charge of the Gu office in the Chang-si Office, and Gyeongnam, the account for the purchase price of the public auction vehicle and the vehicle license plate, Gyeongnam, the Gyeongnam, the deposit account for the collection of the collection of the money deposited in the public auction vehicle, engaged in the management of the e account, and kept the proceeds of the sale vehicle and the entrustment price for the collection of the money deposited in the above account

On November 23, 2012, the Defendant voluntarily released KRW 1.2 million from the sales price of the said vehicle for public sale on or around November 23, 2012 and used at will around that time to repay personal obligations, such as cards, private financing, etc., and then released KRW 19,373,890 on 24 occasions from the sales price of the said vehicle for public sale from November 23, 2012 to December 23, 2013, or transferred KRW 19,373,890 to another person’s account, and then arbitrarily transferred it to the Defendant’s account, and then arbitrarily used it for repayment of personal obligations after transferring it to another person’s account. From October 22, 2012 to November 8, 2013, the Defendant voluntarily withdrawn KRW 19,029,430 on the aggregate from the consignment collection amount of the said vehicle license plate to another person’s account or transferred it to another person’s personal obligation after voluntarily transferring it to the Defendant’s account.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each investigation report (including confirmation of the method of embezzlement and submission of evidentiary data, submission of transaction details, such as embezzlement deposit account, etc., references G, H telephone conversations, and each accompanying material), request for cooperation in an investigation, and new meeting for cooperation in an investigation;

1. Application of Acts and subordinate statutes to a written accusation, and a report on the utilization of public funds in 2013;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;