(영문) 의정부지방법원 고양지원 2017.02.03 2016고단2797

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(영문) 의정부지방법원 고양지원 2017.02.03 2016고단2797

업무상횡령

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from June 2012 to December 2015, was in charge of the overall business of the victim company D, who actually operated the victim company D from the victim company in Pakistan from June 2012 to December 2015.

1. On April 1, 2015, the Defendant, at the office of the victimized company, deposited KRW 1,000,000 deposited in the new bank account under the name of the victimized company, and then withdrawn in cash and used it for the personal purpose, such as Defendant’s living expenses, etc. from the members of the Papju City and Goyang-si around that time, and embezzled it for the personal purpose of the victimized company by using the said money for a total of KRW 75,681,00,000, as shown in the list of crimes (1) from the members of Papju City and Goyang-si to August 14, 2015.

2. On February 28, 2014, the Defendant: (a) transferred KRW 6,00,000 deposited in the new bank account in the name of the victimized company to E account; (b) withdrawn in cash and has been used arbitrarily for personal purposes, such as Defendant’s living expenses, etc. from the members of the Pakistan-si and Goyang-si around that time; (c) and (d) embezzled the said money for personal purposes in total 16 times from the Pakistan-si and Goyang-si to June 10, 2015, as shown in attached Table No. 162,00, total sum of KRW 52,062,00,000, which was transferred to the E account under the name of the victimized company; and (b) withdrawn in cash and has been kept for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to accusations, certified copies of corporate registers, current liquidity transactions (new banks), and details of deposit transactions;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act

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