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(영문) 서울중앙지방법원 2013.09.05 2013고단1594
업무상횡령
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, from September 20, 2006 to April 13, 2009, took overall charge of the affairs related to the operation of the said company as the representative director of the mobile communications mother development and manufacturing company at the mobile communication A-110 of Geumcheon-gu Seoul Metropolitan Government Building C-110.

1. Around September 1, 2008, the Defendant: (a) supplied goods equivalent to KRW 7,379,700 to E; (b) received KRW 18,081,300 from the above E to one bank account in the name of the Defendant; (c) returned KRW 10,701,60 to G related to the above E; and (d) embezzled KRW 7,379,700, which remains after returning KRW 10,70,00 to G for the victim company; and (e) used the remaining money for the victim company as living expenses, etc. at around that time in Seoul et al.

2. Around July 4, 2008, the Defendant, at the above victim company office, delivered an amount of KRW 6,300,000 to the price of supplied goods to H company as the price of supplied goods, and again recovered from the above company and stored for the victim company, he voluntarily used the amount of KRW 6,30,000 for the purpose of encouragement for employees of the victim company. Around that time, the Defendant prepared 6,30,000 by the above method and used 6,30,000 won for the victim company and embezzled 12,60,000 won in total for the purpose of the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of suspect examination of the accused by the prosecution (including the comparison);

1. Statement of the police statement to I;

1. Application of Acts and subordinate statutes to all the written complaint and attached documents, the current status of entrance and exit, and the statement of bankbooks;

1. Relevant legal provisions on criminal facts: (a) the amount of embezzlement under Articles 356 and 355(1) of the Criminal Act is relatively larger than KRW 20 million; (b) the victim company did not yet reach an agreement with the victim company; (c) around October 2, 2008, deposited KRW 7 million with the victim company; and (d) the considerable portion of the amount of embezzlement is deemed to have been used by the victim company for its employees; and (e) once the fine is imposed.

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