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(영문) 서울남부지방법원 2017.11.10 2017고단994

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant worked as a director of the victimized Company D, a representative director of C, and managed the passbook and the fund management of the victimized Company.

On November 23, 2015, the Defendant deposited in C and the passbook of the victimized Company at the office of the victimized Company E, Guro-gu Seoul, 1015.

20 million won paid to F to make an investment in purchasing non-listed shares of the company G, and then withdrawn 200 million won from the passbook of the victimized company for the victimized company, and make an investment in shares by paying 150 million won out of the above 200 million won to F in the name of the victimized company, and the remaining 50 million won was paid to F in the name of the Defendant’s wife, thereby embezzlement of the above 50 million won by investing shares in the shares individually.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective legal testimony Acts and subordinate statutes to the witness C and F;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 200 million won, which is the only substantial property of the victimized company, transferred shares in the name of the accused under an agreement with C with which the accused contributed 2