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(영문) 울산지방법원 2019.11.22 2019고단146

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

However, 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 worked as the accounting of the victim C Co., Ltd. at the time of racing, and was in charge of financial management and accounting of the above company.

On May 10, 2016, the Defendant embezzled KRW 287,123,352 of the funds of the victim company from around 83 times to June 1, 2018, including transfer of KRW 1,428,400 of the funds of the victim company from the D bank account (Account Number (F) in the name of the victim company in the name of the defendant, which the defendant kept and managed in the above company office, to the bank account in the name of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Each report on investigation;

1. A statement of the certificate of remittance of each electronic finance, the statement of transfers transactions, the statement of account transactions, and the statement of transactions of free deposits of enterprises;

1. Application of the Acts and subordinate statutes on account transactions in the name of each defendant and husband H;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is a large amount of money that the Defendant, while working for the victim company’s accounting account, has embezzled the funds of the victim company by transferring them to the account in the name of the defendant in the name of the defendant in several times, while keeping the account of the victim company’s account in which the funds of the victim company have been deposited. The crime of this case is an intelligent and intelligent planned act. In light of the crime’s circumstances and circumstances at the time, etc., the crime’s nature and criminal intent are not good, and continuously and repeatedly embezzled the victim company’s funds by violating his/her duties for a considerable period of time, and the damage amount from the crime of this case exceeds 287 million won in total.