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(영문) 의정부지방법원 2017.11.15 2017고단455

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 19, 2016, the defendant was sentenced to imprisonment with prison labor for special larceny for six months at the District Court of Jung-gu, which became final and conclusive on August 27, 2016.

From February 10, 2013, the defendant is the chief of the general affairs division of the victim D Co., Ltd. (Representative E) in Gyeonggi-si Co., Ltd. (Representative E) in Gyeonggi-si from February 10, 2013 and has been engaged in the affairs such as the receipt of vehicle rental of the damaged company, vehicle dispatch and return vehicle,

The defendant, the representative director of the victimized company, received the vehicle rental fee from the vehicle lessee by using the fact that E, the representative director of the victimized company, did not check daily details of the daily settlement, and did not deposit it into the damaged company account and used it for personal purposes

On January 1, 2015, the Defendant lent LF cattle (vehicle number) owned by the victimized company to the F to lend a vehicle at the victimized company office, and received rent of KRW 200,000 for the victimized company. At that time, the Defendant embezzled the damaged company’s property by arbitrarily using the same method over a total of 58,243,00 won from January 1, 2015 to June 9, 2016, including the Defendant’s arbitrary use of the rent of KRW 20,00,00 in personal usage, such as surgery expenses, etc.

Summary of Evidence

1. The defendant's legal statement (as at the seventh public trial date);

1. Legal statement of witness E;

1. Statement made by the prosecution with regard to H in the protocol;

1. A certified copy of the corporate registry, details of deposits not paid, a total amount of deposits not paid, a confirmation letter, and an investigation report (report on revisions to the list of crimes); and

1. Previous conviction in judgment: The defendant's legal statement, inquiry letter, criminal history, and other inquiry statement, investigation report (in the period of suspension of execution), and the application of Acts and subordinate statutes to this court and the result of search of sentence;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that the latter part of Article 39 Section 1.