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(영문) 서울동부지방법원 2018.04.20 2018고정334
업무상횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 21, 2016, the Defendant served as a director and a person in charge of accounting of the victim C Co., Ltd. (hereinafter “victim”) located in Songpa-gu Seoul from around November 21, 2016, and was engaged in business such as fund management of the victimized Co., Ltd. according to such business, and managed the deposit account ( Nonghyup BankD) in the name of the victimized Co., Ltd. (hereinafter “C”) in the name of the victimized Co., Ltd. (hereinafter “C”) and transferred KRW 16,53,00,00 on December 26, 2016; KRW 5,159,214; KRW 31,692,214 to the Defendant’s deposit account (E and F); KRW 06,00,000,000,000,000 for personal expenses or 10,07,010,07,0000 won or more for personal consumption under the name of the victimized Co., Ltd. (G);

Accordingly, the Defendant embezzled a total amount of 68,317,214 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to each investigation report (the list Nos. 7, 17, 31 of evidence);

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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