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(영문) 인천지방법원 2018.11.14 2018고단2165
업무상횡령
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, as a internal director of the victim F Co., Ltd. in Nam-gu Incheon City, has been engaged in the overall management of the above company's funds.

1. The Defendant, even though his monthly salary was 4,261,700 won, had the intent to withdraw money exceeding his own monthly salary from the victim’s company’s account at will and use it for personal use.

around June 16, 2017, the Defendant arbitrarily transferred KRW 5,962,330 exceeding the above monthly wage from the bank account (number G) of the victim company in the name of the victim company (name G) that was under custody for the victim to the Defendant’s personal account for four-month salary, and embezzled the difference of KRW 1,70,630 for five-month salary around June 26, 2017, and embezzled KRW 5,962,330 for five-month salary, and KRW 5,962,30 for six-month salary around July 10, 2017, and embezzled KRW 6,979,680 for the purpose of paying the monthly salary around July 10, 2017 to the personal account under the name of the Defendant, respectively, and embezzled KRW 7,819,780 for the excessive portion.

2. Around March 14, 2017, the Defendant transferred KRW 3,141,069 from the Korean bank account under the name of the Defendant to the corporate bank account (H) in the name of the Defendant (number : 3,141,069) on account of the victim, and on the same day, transferred KRW 876,992 from the said bank account to the Korean bank account under the name of the Defendant (number : I). On the same day, the Defendant used the credit card payment in the name of the Defendant as the payment for the credit card in the name of the Defendant, regardless of the victim’s personal purpose, such as the details of the use of the card in the name of the Defendant, KRW 1,147,370, out of the details of the use of the card in the name of the Defendant, KRW 303,700, and KRW 111,300,370, out of the details of the use of the card in the name of the Defendant.

Accordingly, the Defendant embezzled KRW 1,562,370 out of the funds of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement by the witness J;

1. Statement made by the police to J;

1. Provisions on remuneration for executive officers, 2017.

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