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(영문) 수원지방법원 안산지원 2017.10.17 2017고단1180

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 2005, the Defendant is a representative director of the J Co., Ltd. (hereinafter “J”) established for the purpose of heating construction business, etc. from March 1, 2005 to the Gyeonggi-si, Gyeonggi-si, and Gyeonggi-si. A person who has overall control over the operation and management of funds by the J.

1. On January 27, 2014, the Defendant: (a) immediately released 500,000 won from the credit cooperative account in the name of the J which is a victim, while managing the corporate funds with the account in the name of the said J office; and (b) embezzled by arbitrarily using the Defendant’s personal use at around that time; and (c) immediately collected 307,121,590 won over 46 times from January 27, 2014 to June 4, 2015, as shown in the attached Table 1 list of crimes; and (d) embezzled 307,121,590 won for all 46 times from January 27, 2014 to return only 78,00,000 won; and (e) embezzled the remaining KRW 229,121,590 for personal use at around that time.

2. On November 201, 2013, the Defendant, who received false benefits, entered K, the Defendant’s wife, with the audit of the Defendant, who is an economically difficult living, in a false manner, in the form of voluntary payment of the amount corresponding to the benefits, was willing to make the Defendant embezzled the assets of the victim’s corporation by reducing the amount of the benefits.

After that, on November 28, 2013, the Defendant re-entered the above K as an auditor of the victim’s corporation, and remitted the amount of KRW 4,802,70 from the account under the name of the victim’s family to the account under the name of the victim’s income, and embezzled by arbitrarily using the personal living expenses, etc. of the Defendant’s family members at around that time, as shown in attached Table 2, from November 28, 2013 to December 21, 2016, the Defendant transferred the amount of KRW 198,073,250 to the account under the name of the above K more than 50 times as in attached Table 2 of the daily life expenses of the Defendant’s family, etc. < Amended by Presidential Decree No. 24290, Nov. 28, 2013>

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the accused in L or K in the interrogation protocol of the suspect who is 2 or 3 times against the prosecution;

1. Details of each account transaction;

1. Details of the payment of K’s income;