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Reasons
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(영문) 청주지방법원 2015.07.24 2015고단500
횡령
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A defendant shall be punished by imprisonment for six months.

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 January 16, 2013 to March 2015, operated C Co., Ltd., a general resources recycling company from around March 16, 2015, issued a tax invoice which most of real transactions from victim E, the representative director of D Co., Ltd., a customer, to meet purchase data of D Co., Ltd., and withdrawn the remaining amount (44,00,000,000 won of value-added tax) subject to the restriction on value-added tax from the transfer of the face value of 47,883,00 won (including 10% of value-added tax) to the victim, the representative director of D Co.

On December 24, 2014, the Defendant: (a) transferred 47,883,000 won to a corporate bank account in the name of C Co., Ltd. in the name of C Co., Ltd. and embezzled 27,50,000 won to G for the victim as rent for the said C Co., Ltd. on the same day; (b) 2,989,430 won for the vehicle repair expenses under the name of the vehicle repair expenses; (c) 670,000 won for the Defendant’s personal debt; and (d) 32,159,430 won for the Defendant’s personal debt, such as remitting 1,00,000 won to K for the Defendant’s personal debt repayment; and (d) 32,159,430 won for the Defendant’s personal purpose.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's protocol of interrogation of the accused (including the record in E statement);

1. Examination protocol of suspect E by the prosecution;

1. Statement by the prosecution concerning L;

1. 1. Each electronic tax invoice (Evidence No. 3, 13) attached to the investigation report (a copy of the corporate registry);

1. A statement of transfer results and a statement of transaction by account (Evidence Nos. 12) / [the Defendant received KRW 47,883,00 from the victim and received KRW 4,353,00 among this money as value-added tax, the Defendant’s embezzled money is KRW 27,830,00 (=47,883,00-4, 353,000-15,700,000) calculated by subtracting the amount returned to the victim as value-added tax.

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