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(영문) 서울남부지방법원 2014.01.23 2013고단4362
업무상횡령
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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that 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 is a person who has been in general control of the company's capital management while working as a general manager at a limited liability company C in subparagraph B4 of the People's Republic of China, Jinnam-gu.

1. From around 2008 to August 2012, the Defendant sold by-products owned by the said company several times, and received approximately KRW 43,200,000 from the customer and used them voluntarily for personal purposes, such as living expenses, while on duty, while keeping them for the said company.

2. On October 23, 2008, the Defendant transferred KRW 4,500,000 from the above company’s account to the Defendant’s account, and used it voluntarily for personal purposes, such as living expenses.

3. Around December 17, 2009, the Defendant received KRW 7,641,590 as the price for goods from D and used it voluntarily for personal purposes, such as living expenses, etc. while on duty.

4. From June 2010 to June 2012, the Defendant issued a false tax invoice by withdrawing the purchase amount of more than the actual raw materials purchased to E in total from around 19 times, and then arbitrarily used approximately KRW 70,873,200 of the difference for personal purposes, such as living expenses, while keeping the company in custody on behalf of the company.

5. On October 31, 2012, the Defendant received KRW 1,637,204 as the price for goods from F and used arbitrarily for personal purposes, such as living expenses, etc. while on duty, while working for the said company.

As a result, the Defendant embezzled KRW 127,851,994, which is a damage company, for personal purposes while in his/her business custody.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of G and H;

1. Application of each statute on filing of a complaint;

1. Article 356 and Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 of the same Act (Selection of Imprisonment);

1. The fact that a confession is made to commit an offense provided for in Article 62 (1) of the Criminal Act, and his depth is divided; and

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