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(영문) 울산지방법원 2016.02.04 2015고단1201

업무상횡령

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. The sole criminal defendant, from around June 10, 2012 to around December 30, 2012, was engaged in the management and operation of the store as the representative of the victim D in Ulsan-gu, Ulsan-gu, and received investments and contributions from investors through the national bank account (Account Number E) in the name of the defendant and embezzled 2,6150,000 won from the new bank cash payment period installed in the Gangwon-do Jong-gun, Seowon-gun, Chungcheongnam-do, Gangwon-do, for the victim's occupation, around August 17, 2012, he withdrawn 50,000 won from the said bank cash payment period and used it for the personal purpose from the said Gangwon-do to the day of December 30, 2012.

2. Joint crime Defendant, one’s own son, was in charge of accounting duties as a representative of the victim D’s name, and was thought to be used for personal purposes by borrowing the content of the above insurance contract as collateral on the part of the victim’s fire insurance.

Around February 28, 2014, the Defendant conspired with F and caused F to file an application for a loan of KRW 4,790,000,000 to use the insurance premium that has been paid to F by telephone to employees in the name of Samsung Fire Co., Ltd. on the same day, and F was transferred to H and H and H in the name of the head of F on the same day, and then withdrawn a total of KRW 4,510,000 on February 28, 2014 and March 4, 2014, while he/she was in the business custody for the victim, and distributed it to the Defendant. The Defendant received it and embezzled it by using it for personal purposes, such as monthly rent, living expenses, etc. around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police suspect interrogation protocol against the defendant or F (including investigation records (1 right) in the personal financial transaction of the 68th party);

1. Statement made by the police with H;

1. A written petition;