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(영문) 서울남부지방법원 2012.12.05 2012고단1120

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Justice] On August 31, 2006, the Defendant was sentenced to eight months of imprisonment for occupational embezzlement at the Seoul Southern District Court on July 10, 2007, and completed the enforcement of the sentence in Seoul Southern Prison on July 10, 2007. On October 14, 201, the Seoul Southern District Court sentenced two years of suspension of execution to one year of imprisonment due to a violation of the Act on the Regulation of Conducting Fund-Raising Business at the Seoul Central District Court, and became final and conclusive on October 22, 201.

【Criminal Facts】

The defendant is the person who has registered as the auditor B of the electricity disc manufacturing and selling company and has actually operated the company.

1. On June 2009, the Defendant: (a) around Felon Seoul, the Defendant was a debtor, and (b) provided a factory site and building owned by the Dispute Settlement Bank B as security; and (c) used the said amount for personal purposes, such as the payment of principal, interest, and allowances to the subordinate investors E of the “D,” which is a similar recipient company, as the same name, around October 1009, and KRW 30 million,000,000 as the same name, around November 1, 2009, and KRW 60,000,000,000,000,000 for the victim company under the same name as the police officer on November 2009; (d) around that time, the Defendant used the said amount for personal purposes.

As a result, the Defendant embezzled the above KRW 60 million for the damaged company while keeping it in business.

2. On February 24, 2010, the Defendant: (a) transferred the tax refund of KRW 20 million from the Seocheon-gu Office in Seoul, not more than Seoul, to the account in the Dispute Settlement Bank B; and (b) transferred the amount of KRW 7 million, including KRW 6 million on February 24, 2010, and KRW 1 million on February 26, 2010, to the Japanese bank account in the name of the Defendant; and (c) used the said amount for personal purposes, such as the payment of principal, interest, allowances, etc. to the subordinate investors of the “D”, a similar recipient company.

As a result, the Defendant embezzled the above 7 million won for the damaged company while keeping it in business.

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused;

1. Statement of the police with C 1.