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(영문) 서울남부지방법원 2016.10.27 2015고단4294

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On March 2013, the Defendant entered into a contract with the victim D Co., Ltd. (the trade name before the change) located in Gangnam-gu Seoul Metropolitan Government as the head of the business division of the victim Co., Ltd. (the E) and the head of the new business division of the victim Co., Ltd., and the Defendant agreed to take charge of the supplementation of the reinforced glass test machinery, which is part of cellular phone devices, and the completion of the remaining process of the automated machines in fact being manufactured, but the Defendant agreed to use 200,000,000 won for the purpose of the above reinforced glass production business only.

1. Around March 27, 2013, the Defendant embezzled KRW 30,641,747 in total by consuming KRW 19 times in total from the above date to June 3, 2013, as indicated in [Attachment Table 1-6, 10 through 22] from the above date to June 3, 2013, while he/she was in custody for the victim company at the new business department office of the victim company located in Gangseo-gu Seoul Metropolitan Government F 408, and the above KRW 200,000,000,000 delivered from the victim for his/her business on behalf of the victim company, in order to repay the existing debt to G in relation to G.

2. On July 24, 2013, at the office described in paragraph (1) around July 24, 2013, the Defendant, at the request of the Defendant, embezzled the amount of KRW 19,60,000, out of KRW 39,600,000, which was remitted by the victim company to H “H”, to H’s account in the name of the Defendant, and received the said amount from the Defendant’s new bank account in the name of the Defendant for the victim company, and consumed the said amount for personal purposes, such as repayment of debts, etc. around that time. From the above date to July 26, 2013, the Defendant embezzled the amount of KRW 50,750,000 in total by the same method three times, as shown in Table 2 of the List of Crimes.

Summary of Evidence

1. Partial statement of the defendant I by law;

1. Of the suspect interrogation protocol of the accused, the prosecution.