(영문) 광주지방법원 순천지원 2014.01.07 2013고단1379

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 순천지원 2014.01.07 2013고단1379

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is the representative director of the victim-liability company E established for the purpose of D, etc. in leisure time between April 12, 2006 and October 20, 2012, who exercises overall control over the operation, financial management, etc. of the victim company as the representative director of the victim-liability company E.

Around April 29, 2009, the Defendant received a loan of KRW 100,000,000 in the name of the victim company from a national bank account (F) in the name of the victim company at a point in leisure-dong, which was deposited in the name of the victim company, and embezzled it by arbitrarily consuming KRW 40,000,000 on May 4, 2009, and around May 6, 2009, and then arbitrarily consuming KRW 6,000,000 for personal use, such as stock investment, debt repayment, etc.

In addition, from around that time to September 6, 2012, the Defendant arbitrarily consumed the total amount of KRW 281,562,018 over 15 times as shown in the annexed crime list, and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the prosecutor's protocol of examination of the defendant

1. Each prosecutor's statement concerning G;

1. A credit transaction agreement;

1. A copy of a deposit passbook (limited liability company E of the Gwangju Bank), a protocol of transactions of the Gwangju Bank, an account number H, and an account number I;

1. The current status of each loan transaction, a detailed statement of card use, each pre-mark, the details of entry and withdrawal for the issuance of a leisure point of the Gwangju Bank, and the application of Acts and subordinate statutes on personal financial transactions;

1. The punishment is inevitable in light of the following: (a) the relevant provision of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts; (b) the act of working as the representative director of the affected company for the reasons of sentencing with the penalty; (c) the act of embezzlement of money by withdrawing the company’s public funds without any accounting process; (d) the amount of embezzlement is a maximum amount; and (e) the act of not paying any damage even after receiving the complaint; and (e) the act of embezzlement is inevitable. However, the Defendant is obliged to pay the amount of the above embezzlement

참조조문

-형법 제355조 제1항

-형법 제356조

유사 판례

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