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(영문) 울산지방법원 2013.04.08 2012고단3854

업무상횡령등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The defendant is the president entrusted with the management of victim D Co., Ltd. (Representative E) with a victim D Co., Ltd. (Representative E) located in Nam-gu, Nam-gu, Ulsan-gu, Seoul and has been engaged in the business of supplying materials and goods of the above company and collecting the prices of goods

On May 26, 2010, the Defendant embezzled KRW 500,000 from the above corporate office’s corporate account to the Gannam bank account in the name of the Defendant, and used it as school loans, interest, and cost of living expenses from around 25 times to January 7, 2011, as shown in the attached Table of Crimes (1) as shown in the attached Table of Crimes (1), by arbitrarily consuming KRW 20,65,000, total amount of money deposited in the above corporate account by the same method, as in the attached Table of Crimes (1).

2. The Defendant, as the president entrusted with the management of the above company, had occupational duties to use the above corporate card for the company without being used for personal purposes.

Nevertheless, the Defendant, around November 17, 2009, purchased personal goods at the “Mamart” store located in Ulsan-gu, Ulsan-gu, Seoul-gu, and used KRW 1,980 as well as 67 times from around that time to September 12, 201, including the use of the said corporate card as indicated in the separate crime list (2) for an individual purpose, thereby obtaining profits equivalent to the above amount, and causing losses to the victim equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement concerning E and G;

1. Details of each withdrawal (the number 3 through 7 of the evidence list);

1. A detailed statement of the use of each card and a receipt (the number of evidence Nos. 8 through 12, 14, 15);

1. Details of bankbooks (Evidence Nos. 13);

1. Application of Acts and subordinate statutes to a report on investigation (Preparation of a list of crimes);

1. Relevant provisions concerning facts constituting an offense;