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(영문) 부산지방법원 2015.07.03 2015고단3195
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From March 2010, the Defendant served as the C Team staff of ASdong (State) company located in 741 (Cheongdodong), Gangnam-gu, Seoul as the victim company, and was in charge of D affairs, such as (State) new development, (State), (State), and (State) new industry development, etc. from April 201.

The Defendant, on April 10, 2012, performed the receipt and disbursement of expenses incurred by the affiliates of the said company for the victim company, and used them for personal purposes, such as stock investment, after remitting from the account under the name of the Defendant from the bank (Account Number 1005-201-69522) to the national bank (Account Number E) in the name of the Defendant at the main office of the said ASB (State) around April 10, 2012.

In addition, from that time until January 19, 2013, the Defendant transferred 408,357,792 won in total to the bank account under the name of the Defendant, as shown in the attached list of crimes, through the same method, from that time until January 19, 2013, and embezzled it by using the personal purpose, such as living expenses, in the daily community of Seoul Si around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement made to the F;

1. Application of Acts and subordinate statutes on details of transactions in our bank accounts, such as filing of complaint, deposit slips, copies of passbooks, ledger of accounts, results of account tracking;

1. The sentence of imprisonment is to be imposed on a person who has no basic area (1 to 3 years) (1 to 100 million won or more) (1 to 50 million won or less) of the basic area (1 to 3 years) of the punishment (1 to 100 million won or more) (1 to 50 million won of the punishment) of the relevant Article of the Criminal Act, Articles 356 and 35(1) of the Criminal Act

However, all circumstances such as the fact that the defendant paid approximately KRW 100 million out of the amount of damage, the first offender who has no record of crime, the age of the defendant, family relationship, etc. shall be considered.

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