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(영문) 수원지방법원 2013.06.19 2012고단5604
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From May 6, 2009 to September 30, 201, the Defendant was engaged in the overall management of the company’s personnel affairs, financial affairs, materials, etc. from the victim C Cheongdo Corporation located in China’s Cheongdo to the head of the corporation.

Around December 18, 2009, the Defendant: (a) withdrawn 30,000 won of the funds of the victim company managed by the Defendant at the office of the Cheongdo Office of the above victim C, in the form of a provisional payment; and (b) arbitrarily used the personal food, etc. around that time; and (c) embezzled 1,381,824 arbitrarily over 66 times from that time to August 8, 201 by using the same method, such as the list of crimes, as in the attached list of crimes.

Summary of Evidence

1. A statement to the effect that the details of provisional payments and receipts are not in accord with each prosecutor's suspect examination protocol of the accused, and that some of the provisional payments are dealt with as false receipts because no receipt for provisional payments exists;

1. Witness G or H’s testimony;

1. Application of the Acts and subordinate statutes governing the tax invoice and provisional payment table;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

1. At the time of determining the Defendant’s assertion as to the Defendant’s assertion of Article 32(1)2 and 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation Orders (the scope of liability for compensation is not clear and thus the trial was delayed at the trial), the Defendant, at the time, worked as the corporate head of CCheongdo Corporation (hereinafter “Cheongdo Corporation”), had the Defendant obtain approval from the Defendant, while working as the corporate head of CCheongdo Corporation (hereinafter “Cheongdo Corporation”). However, the detailed details were arranged to be entrusted to G who is the accounting manager of Cheongdo Corporation, but the amount paid to Chinese public officials, such as so-called “second money”, meal expenses, and the Association, etc., which have the character of a bribe paid for the reduction of tax amount, were not dealt

The statements of the defendant, G's investigative agency and this court, submitted by the Prosecutor, to the investigation agency of the defendant.

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