업무상횡령
The defendant shall be innocent.
1. At the time of the truth-finding, the Defendant: (a) was the representative director of the Victim (A) D, a company operating the mechanical facility construction business with its head office located in C; (b) was F from January 1, 2014 to October 31, 2014; and (c) was in charge of fund management by taking overall charge of all the tasks, such as construction orders, construction, and fund management, entrusted by the Defendant from October 15, 2015 to February 2016; (c) was in charge of the management of a new bank account (G) in the name of “(A) D”, a company’s account, using Internet banking; and (d) on January 13, 2016, the Defendant suspected of embezzlement of the above FF and temporarily suspended transactions with the said account. < Amended by Act No. 14283, Oct. 15, 2014; Act No. 14202, Jan. 13, 2016>
A. On February 1, 2016, the Defendant, in Jongno-gu Seoul, transferred KRW 27,150,000 out of the funds in the course of business to the new bank account (G) in the name of “A”, a bank account in the name of “A”, which is the victim (state), in Jongno-gu, Seoul, to the new bank account in the name of the Defendant, and embezzled them by arbitrarily using the Defendant’s existing debt repayment and living expenses, etc.
B. On February 2, 2016, the Defendant embezzled electronic bills of KRW 55,00,000 at face value, issued with the new bank account (G) in the name of the said “D A” for the purpose of construction cost, from Jongno-gu Seoul, and on January 12, 2016, from the “I”, the transaction entity of the Victim (State) D, a transaction entity of the said “I”, the Defendant embezzled the electronic bills of KRW 55,00,00 for the purpose of construction cost.
(c)
On February 19, 2016, the Defendant: (a) transferred KRW 16,740,000, out of the funds in the course of business to the new bank account (G) under the name of “D A,” a financial management account in Jongno-gu Seoul, Seoul, to the new bank account (H) under the name of the Defendant; and (b) arbitrarily used the Defendant’s existing debt repayment and living expenses.
2. Determination
A. The Defendant’s transfer of money from the account under the name of Co., Ltd. as stated in the facts charged to the Defendant, or use an electronic bill, but this is the Defendant’s above.