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(영문) 의정부지방법원 2020.06.17 2020고단112
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

The defendant, who is an applicant for compensation, has 14,602,00 won as embezzlement.

Reasons

Punishment of the crime

From December 1, 2010, the Defendant is a person in charge of the above company and C’s accounting duties and fund execution duties that K actually operates as the accounting staff of the company B from around December 1, 2010.

1. Around August 25, 2014, the Defendant embezzled KRW 125,00,000, which was in his/her business custody on behalf of the victim C corporation, from the office located in Namyang-si L Co., Ltd., Ltd., by arbitrarily remitting KRW 125,00 to the M bank account (O) in the name of his/her own use, and consuming it for personal use, as shown in Appendix 1, from around that time to August 5, 2019, the Defendant embezzled totaling KRW 267,829,150 for 17 times as shown in Appendix 1.

2. Around February 26, 2016, the Defendant embezzled KRW 3,00,50,000 owned by the victim B, who was in his/her business custody for the victim B, from a place specified in paragraph (1) to a bank account under the name of the Defendant, used it for an individual purpose. From around that time to July 15, 2019, the Defendant embezzled the sum of KRW 14,602,00,00 for eight times in total, as shown in the separate crime list 2, by arbitrarily remitting the sum of KRW 14,60,00 for his/her own account to be used for an individual purpose.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. The police statement of K;

1. A P statement;

1. A complaint;

1. Application of Acts and subordinate statutes to all certificates of registration of each corporation, receipt of each account transfer (number 4 through 9 on the evidence list), details of account transaction, detailed statement of each account transaction, investigation report (determination of amount on the list of crimes), investigation report (organization of embezzlement, amount of embezzlement, etc. of A suspect);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Compensation order and provisional execution;

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