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(영문) 대전지방법원 홍성지원 2017.12.20 2017고단541

업무상횡령

Text

Defendant

B A person shall be punished by imprisonment for not more than four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A is the vice president of F Co., Ltd. (hereinafter referred to as "victim Co., Ltd.") in E, a person who actually operates the Victim Co., Ltd., and keeps funds deposited in the account in the name of the Victim Co., Ltd. for the Victim Co., Ltd., and Defendant B is a person registered as the representative director in the name of the Victim Co., Ltd. on May 9, 2014.

Defendant

B In fact, although the victim company did not work in the victim company, the victim company was registered as the employee of the victim company and received wages through the defendant B's account, and there was a conspiracy with A to allow them to use them for personal purposes.

A, around February 10, 2014, remitted KRW 9,378,840 from the NA’s office to the NA’s new bank account under the name of Defendant B from the NA’s name (G) to the NA’s new bank account under the name of Defendant B. On the same day, A arbitrarily consumed the above money for the purpose of living expenses, etc. from around that day to May 15, 2014 as shown in the attached list of crimes committed in the attached Table, and arbitrarily consumed the above money for four times in total, including the transfer of KRW 9,00,000 from the NA’s office to the NA’s new bank account under the name of Defendant B.

Accordingly, Defendant B embezzled the property of the victim company in collusion with Defendant B.

Summary of Evidence

1. Defendant B’s legal statement

1. Details, transfer specifications, investigation reports (Evidence Nos. 169, 171, 192), I’s account transaction details in the name of the Bank, I’s account transaction details, I’s account transaction details, and application of Rule No. 2 of the Judgment;

1. Relevant legal provisions of the Criminal Act and Articles 356, 355 (1) and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that Defendant B is the time of committing the instant crime, and that there is no record of being punished more than a suspended sentence.