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Reasons
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(영문) 제주지방법원 2018.02.06 2017고단3249
업무상횡령
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From March 3, 2014 to June 30, 2017, the Defendant served as the head of the management support office of the victim C Co., Ltd., Ltd., Ltd., the Defendant managed the passbook of the name of the victim company, the corporate bank, etc., and engaged in the overall business of revenues and expenditures of the victim company.

On November 29, 2016, the Defendant: (a) withdrawn KRW 5,000,00 from the head office of the Sinspo-si, the head office of the Sinspo-si, the Sinspo-si, the center of the Sinspo-si, the center of the Sinspo-si, at 81, and used it as personal debt and betting costs; and (b) embezzled KRW 61,227,708, in total seven times from around that time to June 20, 2017, as shown in the list of crimes in the attached Table, arbitrarily consumed KRW 61,27,708.

Summary of Evidence

1. Statement by the defendant in court;

1. Some of the suspect interrogation records concerning E by the prosecution;

1. Statement made by the police with respect to F;

1. A copy of a bankbook (C Account) and a Kakaoo Stockholm course photograph;

1. Business registration certificate (C), certificate of employment (A);

1. The details of the Suhyup Trading on November 29, 2016, the details of the Suhyup Trading on May 13, 2017, the evidence of the receipt of the Suhyup Transfer on May 13, 2017, the certificate of confirmation of the remittance of a bank on May 13, 2017, the certificate of confirmation of the remittance of a bank on May 18, 2017, the head of G Customer, the details of the transaction of a bank on May 19, 2017, the details of the Suhyup Trading on May 31, 2017, and the details of the Suhyup Trading on June 20, 2017.

1. Details of transactions with enterprise banks on February 3, 2017;

1. The letter of the H-related expenditure resolution, the G-related expenditure resolution, and the I-related expenditure resolution;

1. Application of Acts and subordinate statutes on investigation reports (the details of deposits and withdrawals in the NongHyup Account), E’s account transactions in the NongHyup Account, E’s account transaction statement, E’s account transaction statement, E’s account transaction statement, and E’s account transaction statement;

1. Articles 356 and 355(1) of the Criminal Act, the Defendant’s reason for sentencing of sentence of imprisonment is recognized, and there is no provision that punishment is imposed for the same kind of crime.

However, the defendant is in the position of the chief executive officer who exercises overall control over disbursement of the victim company.

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