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(영문) 서울중앙지방법원 2014.10.29 2014고정3750

업무상횡령

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On December 28, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul Central District Court on December 28, 201, and the judgment was finalized on January 5, 201, and on July 25, 2014, the Seoul Central District Court was sentenced to imprisonment with prison labor for ten months and eight months for the violation of the Labor Standards Act, and the judgment was finalized on October 15, 2014.

【Criminal Facts】

The defendant served as a director of the victim C corporation in Seongbuk-gu Seoul Metropolitan Government from March 31, 1992 to November 2009, and from November 2009 to November 2009, the defendant is a representative director of the above company.

From July 12, 2010 to July 12, 2010, the Defendant: (a) was in custody of the victim’s company funds deposited in the Defendant’s bank account (E) at the above C Office on behalf of the victim; (b) used them for personal purpose; (c) used the funds of KRW 23,00,500 from the Defendant’s internal female to the Defendant F; and (d) arbitrarily used the funds of KRW 74,597,338 from September 9, 2009 to July 12, 2010 for total of 16 times as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. The police statement concerning G;

1. Some of the statements made by the police officers in relation to H, I and J;

1. Investigation report (related to the specification of amounts A embezzled as a suspect) ;

1. Details of tax investigation data and account transactions;

1. A petition or accusation;

1. Previous records: Each investigation report (verification of the previous records and facts of concurrent crimes by the accused), each case summary agreement and assistance meeting, and application of Acts and subordinate statutes of each judgment;

1. Articles 356 and 355 (1) of the Criminal Act concerning facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.