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(영문) 부산지방법원 2014.04.25 2013고정6432
업무상횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the C Co., Ltd., which is the manufacturing and selling business of the re-trial in Geum-gu, Busan.

On July 3, 2009, the Defendant, as the representative director of the above company, transferred KRW 5,000,000 to the national bank account (E) in the name of the Defendant to the corporate bank account (D) in the name of the Defendant on July 3, 2009 without going through due process such as a resolution of the board of directors, etc. while keeping public funds of the company

In addition, from around that time to September 19, 2012, the Defendant remitted total of KRW 436,389,105 to the above national bank account in the name of the Defendant and the national bank account (G) in the name of the Defendant’s wife, and embezzled arbitrarily for personal purposes, such as repayment of personal debt, living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Report of internal investigation (limited to attachment of new and comprehensive search data and certified copy of corporate register, etc.);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to data on account details analysis);

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generality) and the selection of fines concerning the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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