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(영문) 수원지방법원성남지원 2020.11.25 2019고단2294

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On November 2, 2016, the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Credit Support of Suwon District Court on August 2, 2016 and the judgment was finalized on the 10th of the same month.

In the indictment, the prosecutor has omitted the "latter part of Article 37 and Article 39 of the Criminal Act" in the aforesaid criminal records and applicable provisions of Acts, but he/she shall make an additional statement ex officio as he/she is deemed not to impair the defendant'

【Criminal Facts】

Since August 2014, the Defendant has been engaged in the management of the customer of the victim C and the management of the company's account deposit and withdrawal from the company account as the accounting staff of the victim C operated by the victim C in Gyeonggi-si.

Around October 8, 2014, the Defendant transferred KRW 1,00,000 to the SC Bank Account (Account Number:F) in the name of the Defendant in the name of the victim’s corporate bank account (Account Number) opened in the above D Office, and used it at will, around that time, under the name of the Defendant, for entertainment and living expenses. From February 13, 2015, the Defendant transferred KRW 33,686,320, total sum over 20 times from that time to February 13, 2015, such as the list of crimes in the attached Table, to the Defendant’s name.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. The police statement concerning G;

1. Written complaint filed by C;

1. Criminal records as stated in a business registration certificate copy (D), crime list, each company bank account (E), Japanese bank account (F, No. 8,10), A's account in the name of title A (F, No. 8,10), A's account in the name of Nonghyup Bank (H), and A's national bank account (I): The application of criminal records, etc. and the application of Acts and subordinate statutes significantly to this court;

1. The court recognizes the facts constituting the crime, which is prosecuted as a substantive concurrent crime under Articles 356 and 355 (1) of the Criminal Act, by universal application of applicable Articles of the Act and the choice of punishment for the facts constituting the crime: Provided, That the number of crimes shall be the same;