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(영문) 서울남부지방법원 2014.12.18 2014고단1604

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from August 31, 200, is the representative director of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) located in the Seoul Yeongdeungpo-gu Seoul Metropolitan Government D Building 825 from around August 31, 200, who takes charge of the storage and management of the company’s funds

On February 26, 2010, the Defendant embezzled the Defendant’s personal loan and payment of unpaid benefits on 19 occasions through 19 occasions as shown in the separate crime list from January 23, 2006 to around the above time, and embezzled or remitted the amount equivalent to KRW 207,826,750 on 207,826,750.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

1. The defendant's written statements in each part of the suspect examination protocol prepared by the prosecution against the defendant and each statement in G, H and I;

1. Application of Acts and subordinate statutes to the accounting book and benefit ledger for the reorganization of attached materials, the evidentiary materials concerning the omission of sale and embezzlement of cash sales, the ledger of each account, balance sheet, copies of bankbooks, etc., the ledger of each account and copies of passbooks, the report of inspection and review of accounting data, the four cases of certified transcript of corporate register, and the records

1. Articles 356 and 355 (1) of the Criminal Act by universal application of relevant provisions concerning the facts constituting an offense.

1. Determination as to the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act (i.e., the full repayment of KRW 146,826,750, embezzled as a loan, among total embezzlements of KRW 207,826,750)

1. Defendant and his defense counsel’s assertion

A. As to the order Nos. 1 to 8, 13, and 19 of the crime sight table, the defendant loaned the surplus funds of the damaged company to the enterprises or individuals directly or indirectly related to the victimized company under the management judgment as the representative director of the victimized company. However, an order No. 8-30,000.