beta
(영문) 부산지방법원 2014.05.16 2014고단1852

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is the victim C's management support team leader, who is engaged in affairs such as general affairs, accounting, etc. of the above company, such as entry and withdrawal of funds.

1. The Defendant in occupational breach of trust violated his/her duty, notwithstanding the existence of a duty to use the corporate card provided by the victim company only for the sake of the victim company. On May 6, 2012, at around 01:09, the Defendant used the taxi from the location D Co., Ltd. in Jung-gu Seoul Metropolitan Government to the Defendant’s house, and paid 4,200 won of the taxi fee by using the agricultural card (credit card number) in the name of the victim company in the name of the victim company, and from May 6, 2012 to November 10, 2013, the Defendant purchased goods or services in total of 84,529,50 won in total on 652 occasions, as shown in attached Table 1 of Crimes List 1, and paid the amount by paying it with the above corporate card, thereby obtaining economic benefits equivalent to that amount, and causing damage equivalent to that amount to the victim company.

2. On July 27, 2013, the Defendant embezzled KRW 5,000,000 in total over 111 times from September 4, 2013 to November 1, 2013, as shown in attached Table 2 of the List of Crimes, after transferring KRW 1,00,000 from the Agricultural Bank Account (F) in the name of the victim’s name from the Agricultural Bank Account (G) via Internet banking, and using it for personal purposes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Records of recording, C business operators' registration certificates, career certificates, and account transfers;

1. Application of Acts and subordinate statutes to each investigation report (No. 6, 11, 15, 17 No. 5 of the evidence list);

1. Articles 356 and 355 (1) and (2) of the Criminal Act and the choice of applicable laws and sentences concerning criminal facts, and the choice of imprisonment, respectively;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;