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(영문) 수원지방법원 성남지원 2016.02.04 2015고단1314

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. From May 2014 to December 30, 2014, the Defendant was in office as a director of the victim DD (hereinafter “victim”) in Songpa-gu Seoul, Songpa-gu, Seoul, and has overall control over the management of the said company’s funds.

On July 11, 2014, the Defendant embezzled the sum of the funds owned by the victim company by voluntarily transferring the amount of KRW 64,764,160,160 to the Defendant’s account in the name of the new bank, which was kept in the said account, to the new bank account on the ground that the Defendant manages the passbook, password, etc. of the new bank account in the name of the victim company, and voluntarily consumed the funds for the purpose of personal repayment, etc. around that time, from the above day to December 30, 2014, and then 59 times from the above day to December 30, 2014 (Provided, That the instant amount of KRW 29,00, KRW 226,380, KRW 51, the net amount of KRW 226,380, KRW 64,764,160, total amount of the funds owned by the victim company, as in the last day of the period.

2. On February 14, 2015, the Defendant interfered with disability business, such as computers, deleted connections from the Defendant’s home located in the Defendant’s home, E 10 Dong 511, to the Internet domain name management site F, with computers, thereby causing interference to the victim company’s website and making it difficult for the victim company to receive education applications, etc. on the said website.

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of the witness H;

3. Evidential materials for the alteration of domain name information and screen pictures of D website.

4. An investigation report (Presentation of the victim, the submission of a written confirmation of transfer transaction, the complainant, and the list of the details of embezzlement damage) / [The defendant embezzled the money withdrawn under his/her name (No. 2,8,29, 30, 31, 55) as the Handphone charge and insurance premium were paid at a time by the company.

No more than 2 times, the defendant was first disbursed and repaid at his own expense, and the defendant was kept no more than 15 times at the net time.

5,00 Won cash exchange with 20 copies.