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(영문) 대전지방법원 2015.10.14 2015고단2187
업무상횡령
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

From December 16, 2009 to October 2013, the Defendant, as the representative director of the Victim C Co., Ltd. located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant overall control over the business of managing the said company’s funds.

On March 23, 2010, the Defendant sold the exclusive right to sell products, such as mixing fees, produced by the injured company to the State to the State to the (State) Office, and voluntarily consumed the amount of KRW 50 million out of the price to the corporate bank account in the name of the accused for personal purposes, such as living expenses, while the Defendant was transferred to the corporate bank account in the name of the accused.

Accordingly, the Defendant embezzled another’s property.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (second, second, and replacement);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of Part I of the detailed statement of deposits without passbook, statement of transactions by account, investigation report (report on confirmation of details of accounts of companies holding the name of a suspect, bank accounts), and statement of transactions by account;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) 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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