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(영문) 의정부지방법원 2014.02.07 2013고단4146
업무상횡령
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 9, 2012, the Defendant was sentenced to imprisonment with prison labor and two years and six months for the crime of bodily injury resulting from rape at the District Court of Jung-gu, which became final and conclusive on April 26, 2013.

From August 2006 to December 201, 201, the Defendant has been in charge of the calculation and payment of employee benefits in the victim (state) D located in the fourth floor of Gangnam-gu Seoul Metropolitan Government C building.

The Defendant calculated and paid the benefits to the employees, and calculated false allowances in addition to the benefits to be actually paid to the employees, and paid false benefits to the retired employees, and received part of the benefits and received them arbitrarily.

On July 10, 2007, the Defendant called E, who is an employee of the above company, to the effect that “other than monthly pay, KRW 200,000,000,000 shall be paid more than monthly pay, and the remainder of KRW 100,000,000 shall be sent to the head of the Tong,” and that E accepted this.

Around July 10, 2007, the Defendant paid benefits to E at the above Jeju Office, calculated the amount of KRW 200,000 for false overtime allowances to E, and then remitted KRW 200,000 of the company funds in custody for the victim’s business to E head of the NA. Of KRW 200,000, E remitted the amount of KRW 100,000 out of the amount of KRW 200,000 to the Defendant’s father’s new bank passbook in the name of the Defendant’s father, and embezzled KRW 20,000 of the company funds owned by the victim. From that time to December 9, 2011, the Defendant embezzled the amount of KRW 427,777,888 of the company funds owned by the victim in collusion with E and G employees by means of the same method from that time until December 9, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused, G, or E by the prosecution;

1. Police suspect interrogation protocol of the accused, F, G, H, and E;

1. Statement of the police officer to I;

1. A complaint;

1. A bank transaction, F Bank transaction details, and Savings Bank transaction details (A);

1. Details of transactions between G, H and E;

1. The details of each embezzlement, each of whom;

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