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(영문) 서울중앙지방법원 2016.05.19 2015고단6890
업무상횡령
Text

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

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

Reasons

Punishment of the crime

The Defendant is a manager of a department in charge of special business from April 6, 2009 to May 2013, 2013, who was in charge of all business affairs, such as entry, shipment management, inventory management, and receipts and disbursements, as the manager of a department in charge of special business from the victim G corporation.

From September 30, 2010 to February 27, 2013, the Defendant deposited KRW 163,281,392 in the corporate account of the victim company during the same period while he/she received money equivalent to KRW 281,445,70 from each business partner of the victim company to his/her own national bank account and the bank account of H for the victim company for 34 occasions, as shown in the annexed crime list, and embezzled the difference of KRW 118,164,308 in voluntary consumption.

Summary of Evidence

1. A witness I and each legal statement of the J;

1. Entry of a defendant in part in the protocol of second public trial;

1. Each protocol concerning the examination of the accused by the prosecution (including I and J part concerning the examination of the accused);

1. Each confirmation document, fact confirmation document, credit balance (transaction details), deposit details, the details of payment deposited by the defendant into the company account, the statement of inquiry about the defendant's account, and the deposit status of the defendant's account [43,187,44 won out of the money transferred by the defendant from the customer is paid to the defendant for the payment of the price of the goods paid by the defendant on behalf of the defendant, not the custody or return for the victim company, and 7,200,000 won through K's employee L, who is the business partner's representative director on April 9, 2012, 2.8 million won on May 31, 2012, through M, who is the above M's husband's representative director on April 9, 2012, and 10,000 won deposited into each victim's company account through N, which is actually deposited by the defendant, and thus, it should be excluded from the embezzlement amount, and the remaining 54,976,864 won did not have been lawfully asserted that the defendant did not have used the defendant's profit.

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