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(영문) 의정부지방법원 고양지원 2015.12.10 2015고정325

업무상횡령

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, from April 12, 2012 to November 18, 2013, was engaged in the management of the funds of the said company as the representative director of D, a victimized company located in Goyang-dong, Seoyang-gu, Ilyang-si C.

On August 13, 2013, the Defendant transferred KRW 3.5 million to a new bank account (Account Number E) in the name of the Defendant for the personal purpose of use by the Defendant, while managing the investment money, etc. received from the shareholders of the victimized company on behalf of the victimized company, and used it as the Defendant’s personal debt repayment, liquor value, etc.

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

Summary of Evidence

1. Legal statement of witness F;

1. The prosecutor's interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of the details of deposit transactions, details of transactions in foreign exchange banks, and the Acts and subordinate statutes of new banks;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the selection of fines;

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 of the provisional payment order;