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(영문) 대전지방법원 2020.05.15 2019고단3467

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The Defendant, as the former secretary of D Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) located in B in Chungcheongnam-si, took overall control of the operation and fund management of the Victim Co., Ltd., and actually operated Co., Ltd., E., Ltd., as the Defendant’s wife, was in charge of accounting affairs in the Victim Co., Ltd., and is the representative director in the name of

When the victim company borrowed KRW 500 million from G organizations, the defendant thought that KRW 100 million among them was used as capital when establishing corporation E in which the defendant actually operates.

Around March 2, 2015, the Defendant received KRW 500 million from G organizations from the victim company to the account in the name of the victim company managed by the Defendant. Around that time, the Defendant arbitrarily transferred KRW 100 million to the account in the name of the victim company from the account in the name of the victim company to the account in the name of C. Around June 2, 2015, the Defendant deposited the KRW 100 million into the account in the name of the Defendant Company E through the F’s account. Around September 2015, the Defendant transferred the said money to the third party, along with the said money.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. The statements made by witnesses C and H in the third protocol of trial;

1. Statement made by a witness F in the fourth trial record;

1. Some statements of the suspect interrogation protocol of the prosecution or the police against the accused;

1. Each prosecutor's statement concerning H, C, and F;

1. The police statement of H;

1. Each complaint filed by H and C;

1. Investigation reports (to listen to telephone statements by persons related toG organizations), investigation reports (to refer to reports on examinations related to 500 million won of suspect), investigation reports (to refer to reports on account transactions in amount of KRW 100 million of establishment funds), investigation reports (to refer to reports on suspect telephone statements), investigation reports (to refer to reports on account transactions in the name of the complainant), investigation reports (to refer to reports on details of account transactions in the name of the complainant), investigation reports (to refer to reports on the identity of the suspect

1. A cash loan contract, loan agreement, etc.;

1. Account transactions: 500 million won; and