(영문) 부산지방법원 2018.12.07 2018노2342 | 리걸엔진

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(영문) 부산지방법원 2018.12.07 2018노2342

업무상횡령

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, such as a misunderstanding of facts and misunderstanding of legal principles (not guilty part), it is recognized that the Defendant received corporate funds in cash or transferred them to an individual account as stated in this part of the facts charged, and even if the Defendant did not disclose its use, the intention of unlawful acquisition is sufficiently recognized.

Nevertheless, the judgment of the court below which acquitted the charged facts of this portion is erroneous by misapprehending the legal principles or affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (1.5 million won in penalty) is too unhued and unfair.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the Defendant, as to the summary of this part of the facts charged, served as the representative director and the managing director of the Victim E Co., Ltd. (hereinafter “victim”) from November 1, 201 to June 30, 2013, and was engaged in personnel management, finance, accounting, etc.

A) On November 8, 2011, the Defendant received KRW 300,000 from I, a person in charge of accounting and financial affairs, in cash trial at the victim company office, and used the company’s funds for the victim company for the personal purpose in mind.

In addition, from around that time to August 10, 2012, the Defendant embezzled KRW 4,900,000 by arbitrarily consuming the total amount of eight times, such as the list of crimes attached to the lower court (1) in the same manner as the previous list of crimes.

B) On November 26, 2011, the Defendant received KRW 50,000 from the J in charge of accounting affairs at the victim company’s office and used the funds for the personal purpose of the victim company for the personal purpose at that time.

In addition, from around that time to May 12, 2012, the Defendant is identical 48 times in total as shown in the list of crimes attached to the lower court, i.e., the list of crimes attached to the lower court.

유사 판례

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-서울중앙지방법원 2015.07.09 2015고단2952

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