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(영문) 부산지방법원 2018.06.20 2017고정695

업무상횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, from October 7, 2014, has been engaged in the representative role, corporate account management, and withstanding as the inside director of the victim C Co., Ltd. in Busan-gu.

The victim company, which is engaged in the intermediary or brokerage business for secondhand trading, was operated in the form in which they purchase and sell secondhand cars individually and the sales profit is reverted to the individual.

1. On December 8, 2014, the Defendant received a loan of KRW 30 million in the name of the victim company from the E Bank mother's Dong branch located in Busan Seo-gu, Busan, under the guarantee of F Foundation, and deposited it in the above company's account managed by the Defendant.

The defendant used the above money as a loan, repair fund, or personal card price for the above company, while keeping the loans of KRW 30 million for business purposes. At that time, the defendant used the above money in mind.

As a result, the defendant embezzled the victim's property in breach of his occupational duty.

2. On September 7, 2015, the Defendant borrowed KRW 20 million in the name of the victim company from around September 7, 2015 at the same place as indicated in paragraph (1) around September 7, 2015, and received deposits in the said company account managed by the Defendant.

The defendant used the above money as a loan, repair fund, or personal card price for the above company, while keeping the loans of KRW 20 million for business purposes. At that time, the defendant used the above money as a middle class purchase, repair fund, or personal card price.

As a result, the defendant embezzled the victim's property in breach of his occupational duty.

Summary of Evidence

1. Each statement of the witness G and H in the third public trial records;

1. Legal statement of witness G;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Statement of the police statement related to G;

1. Inquiry of transaction details;

1. Application of Acts and subordinate statutes governing registration;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.