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(영문) 의정부지방법원 2013.07.26 2013고단1953

업무상횡령

Text

A defendant shall be punished by imprisonment for three years.

Each application for compensation filed by an applicant is dismissed.

Reasons

Punishment of the crime

From June 3, 2011, the Defendant, as an employee in charge of the accounting and accounting of the victim (ju)D operated by H in the 14th floor of Yongsan-gu Seoul Metropolitan Government G building, was in charge of accounting affairs, such as the above company and the victim (ju), C, the victim F, and the company fund management.

At around 19:00 on June 7, 201, the Defendant used the amount of KRW 479,725 as corporate funds for the above company in his books at the above (D office) office, and used the amount of KRW 479,725 as personal expenses, transportation expenses, etc. around that time.

In addition, from around that time to March 25, 2013, the Defendant consumed a total of KRW 428,936,336 on a total of 394 occasions as indicated in the annexed crime list.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution;

1. The police statement of H;

1. A complaint;

1. Detailed statement of transfer of the new bank in the bankruptcy plan;

1. Detailed statement of transfer of the national bank in bankruptcy plan;

1. The cash receipt and disbursement book of the Bank;

1. Detailed statement of transfer of the new bank in the financing plan;

1. Detailed statement of transfer of the new bank in the financing plan;

1. Cash receipt and disbursement book of the Bank;

1. Application of Acts and subordinate statutes to a statement of transfer of a new bank;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. The Defendant’s reasons for sentencing (the instant application for compensation was filed after the closing of argument) under Articles 32(1)1 and 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation, embezzled the company’s funds exceeding 400 million won during one year and nine months, starting from embezzlement from the time when the Defendant, as an accounting employee, did not always commence his/her occupational trust and began his/her accounting work, and continuously wired money from the company’s account to the Defendant’s account.