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(영문) 수원지방법원 안산지원 2017.11.29 2017고단2921

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From May 9, 2012, the Defendant worked as the representative director of the victim C Co., Ltd. located in Ansan-si Group B from May 9, 2012, and has overall control over the business operation, fund execution, etc. of the victim.

On December 21, 2012, the Defendant: (a) withdrawn 52,00,000 won from the Saemaul Savings Depository (Serial number: D) accounts in the name of the victim and embezzled it in the course of performing duties for the victim; (b) used the Defendant’s wife’s repayment of loans in mind and embezzled it; and (c) used 27 times as indicated in the separate crime list from November 9, 2015, the Defendant embezzled the amount of KRW 421,965,00 of the victim’s debt repayment, etc. for 27 times as indicated in the separate crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on transaction details;

1. It is so decided as per Disposition on the grounds that Article 356 and Article 355(1) of the Criminal Act of the relevant law regarding criminal facts (the choice of imprisonment with prison labor for the defendant is not identical to that of the defendant, but the agreement with the victim or the damage has not been recovered, and the amount of damage has not been taken into account) is higher than that