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(영문) 수원지방법원 2016.04.20 2014고단6541
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

From March 29, 2010 to April 8, 2013, the Defendant served as the representative director of victim D Co., Ltd. located in Gangseo-gu Seoul Metropolitan Government, and took overall charge of the management, management, etc. of the said company’s funds.

1. Occupational embezzlement;

A. On March 31, 2013, the date and time of this part of the charges are written as 2011 in the last revised indictment, and the part in 2013 was corrected as 2011, but the evidence and the statement of the defendant duly adopted and examined by the court. According to the evidence and the statement of the defendant, it appears to be a correction of mistake and mistake, and even if it was corrected without the amendment to the indictment, it does not seem to be a substantial obstacle to the exercise of the defendant’s right to defense. Thus, ex officio correction is made as follows

The defendant against the victim company from March 11, 2013 to the same year.

4. From March 31, 2013, while operating the CT Bank account (Account Number F) in the name of Defendant’s wife E as a corporate passbook, and keeping the funds of the victim company in the course of business, the victim company was embezzled by arbitrarily consuming the amount of KRW 10,00,000 from the said account as the Defendant’s personal obligee’s debt repayment to G on the part of the Defendant’s personal obligee.

(b) April 25, 2011;

7.8.

8.8.

8.29.

8. 31. Around April 25, 201, the Defendant had a view to operating two corporate bank accounts (Account Number H and I) in the name of the Defendant for the victim company as a passbook using the Defendant’s bank account, with the intent to pay money to those who are not related to the business of the victim company while keeping the funds of the victim company in the course of carrying out business. The Defendant had the intent to pay money from the said account to the J on April 25, 201, and the same year on July 8, 201 and the same year.

8. 31. K 23,003,600 won in total, and the same year;

8.29. 29. Sheet and the same year;

8. 31. A total of KRW 16,054,50 to L was embezzled by arbitrarily using the method of remitting to L under each incompetence.

2. Occupational breach of trust;

A. The Defendant committed the crime from February 28, 201 to November 29, 2012.

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