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(영문) 수원지방법원 2018.04.06 2018고정95

업무상횡령

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From January 1, 2015 to March 31, 2017, the Defendant worked as an internal director who exercises overall control over fund management and accounting at the victim (state) D in Kim Jong-si.

On January 18, 2015, the Defendant embezzled the victim’s corporate card (F) for business purpose by using the victim’s corporate card for personal purposes or by withdrawing cash from the victim’s account or raising his/her salary and bonus as stated in the separate crime list from around that time to February 3, 2017, while keeping the victim’s corporate card (F) for business purpose.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H, statement made by the police with H and I (two times);

1. (A), the details of card use in 2015, the card use amount in 2016, the card use amount in 2017, the details of passbook transaction, the details of passbook transaction, the specifications of transaction at gas stations, confirmation documents, the source receipt of wage and salary income, the ledger of each account (2015), recording records, benefit ledger, and the application of statutes on the use of rain cards;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of fines concerning criminal facts;

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;