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(영문) 대구지방법원 김천지원 2012.04.18 2011고단1233

업무상횡령등

Text

Defendant

A Pronouncement of sentence shall be suspended for A.

Defendant

Of the facts charged against A, April 4, 2008 and September 4, 2008.

Reasons

Criminal facts

Defendant

A was in the position of representative director of victim E, a corporation located in Gangwon-si from January 11, 2008 to May 16, 2010.

Defendant

A around April 14, 2008, using the transfer of Internet account from the above victim company office to the Internet account in a computer account, and embezzled KRW 470,880 while keeping the management funds of the victim company, which was kept as the corporate account of the above victim company, in the course of business.

Summary of Evidence

1. The defendant A's partial statement

1. The witness F’s legal statement, in particular, the witness’s statement to the effect that “The witness was operating the company on behalf of the husband of the G director from January 2008 on behalf of the representative director, the witness knew that he would have raised an interest on the A’s loans, and that he would have been spent as automobile tax in the Gluri Military Office.”

1. Application of the Acts and subordinate statutes of the company for assistance in details of transfer, a copy of the business registration certificate, a copy of the entire registration certificate, a copy of the entire registration certificate, and a copy of the new bank passbook A;

1. Defendant A of the relevant legal provisions concerning criminal facts: Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement) and the selection of fines;

1. A fine of 700,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The portion not guilty under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 59(1) of the Suspension of Sentence A (see, e., Supreme Court Decision 2007Da15488, Apr.

1. The summary of the facts charged is as follows: Defendant A, from January 11, 2008 to May 16, 201, 2010, worked as the representative director of the victim E Co., Ltd. in Gangwon-do; Defendant B, as the technical director of the above victim Co., Ltd.; and Defendant B around this time, was in charge of managing and executing the above victim Co., Ltd.’s corporate account (new bank, H); and Defendant A, as managing and executing the above victim’s corporate fund.

Defendant

A The defendant is the above victim company around April 4, 2008.