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(영문) 창원지방법원 2018.06.28 2018고단1145

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Records] On January 10, 2018, the defendant was sentenced to a suspended sentence of two years for a violation of the Labor Standards Act at the Changwon District Court on January 10, 201,

1. 18. The above judgment became final and conclusive.

[Criminal facts] From August 12, 2013, the Defendant served as the representative director of Victim D Co., Ltd. from August 12, 2013.

1. On April 15, 2015, the part of the embezzlement of KRW 5 million among KRW 1.52,930,034, which was received from the Hanjin Heavy Industries Co., Ltd., and the Defendant transferred KRW 152,930,034, which was received from the Hanjin Heavy Industries, to the Defendant’s corporate bank account (F) and embezzled KRW 65,000,000 among them for the victim company by transferring KRW 1.52,930,000 to the Defendant’s corporate bank account (G). On the same day, the Defendant voluntarily transferred KRW 2,00,000,000 to the Defendant’s corporate account, which was kept for the victim company, and then embezzled KRW 3,00,000 in cash, and then spent KRW 5,000 in full for personal purposes such as living expenses at around that time.

2. On April 20, 2015, the Defendant: (a) on the part of embezzlement of KRW 93 million, out of KRW 264,744,013, which was received from the Seongbuk-dong Shipbuilding; (b) on April 20, 2015, the Defendant transferred KRW 73,50,013, out of KRW 76,043,446, and KRW 73,550,013, and KRW 249,151,261, out of KRW 191,194,00,00 to the corporate bank account (F) of the victim company from the Busan Heavy Heavy Industries; and (c) on the same day, he/she arbitrarily keeps in his/her business for the victim company by transferring the amount of KRW 191,300,00,00 to the account of the victim company from the Busan Heavy Heavy Industries; and (d) on the same day, he/she transferred the amount of KRW 30,000,00.

4. 21. In cash, 63,000,000 won was withdrawn, and around that time, total of 93,000,000 won was consumed for personal purposes such as living expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the police statement made to J;

1. The details of the Defendant’s name transaction, each D Enterprise Bank’s corporate account transaction, and each D Bank Corporation’s corporate account transaction;